IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL PETITION NO.1191/2019 BETWEEN Kishore Kumar @ Kishore S/o Venkatesh, Aged about 35 years, R/at #1119, M.V.Nilaya, Munegowda Road, Ramaswamypalya, Kammana Halli Main Road, Banasavadi, Bangalore City-560043 ... Petitioner (By Sri M.V.Charati, Advocate) AND State of Karnataka By Varthur Police, Bangalore(R) District-562106 Represented by learned SPP High Court of Karnataka, Bangalore-560001.
(By Smt Namitha Mahesh.B.G, HCGP) ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in Cr.No.134/2018 of Varthur Police Station, Bengaluru City for the offence P/U/S.143, 144, 147, 148 341, 120-B, 302 R/w 149 of IPC.
This Criminal Petition coming for Orders on this day, the court made the following:
ORDER This petition is filed by accused No.3 under Section 439 of Cr.P.C. for grant of bail.
2. The allegation against the petitioner/accused No.3 and others is that with a common object, they committed the murder of the deceased one Chella Kumar on 17.05.2018 with deadly weapons in front of the petrol bunk, near Kodathi Gate, Varthur (H), Bengaluru. Subsequently, the petitioner and other accused were arrested. The petitioner is accused No.3 has filed a bail petition before this Court in Criminal Petition No.7763/2018 and the same came to be rejected on 11.12.2018. Again, accused No.3 has preferred this bail petition on the ground of parity that the co-accused No.5 has granted bail in Crl.P.No.207/2019.
3. It is also argued by the learned counsel for the petitioner that the allegation against accused No.3 is at par with the allegation against accused No.5 who has granted bail, the alleged eye witness one Abhi has not been cited as witness. Hence, prays for granting bail.
4. Learned High Court Government Pleader submits that as per the complainant, one Mr.Abhi said to be the eye witness, who has not investigated by the Investigating Officer and he was not shown as witness in the charge sheet that is not a fatal to this case. On the other hand, this Court rejected the bail application by considering the statement of C.Ws.2 to 4. There is no additional ground to made out in this petition. Therefore, she prays to dismiss the petition.
5. Having heard the arguments and perused the records. The bail petitions filed by the present petitioner in Crl.P.No.7763/2018 and other accused persons have been dismissed by this Court on 11.12.2018 after considering the material on record and statements of C.W.Nos.2 to 4. Upon considering the charge sheet, this Court has granted bail to the co-accused No.5 in Crl.P.No.207/2019. As per the statement given by the eye witnesses-C.Ws.2 to 4 and entire evidence, the petitioner and the other accused have actively participated in committing the murder of the deceased, who is said to be the rowdy-sheeter.
After considering the facts and circumstances of the case, I find there is no additional ground is made out to grant bail. Hence, the petition is dismissed.
Sd/- JUDGE KA