IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1623/2019 BETWEEN:
Mr. Krishna S/o. Chickamuniyappa Aged 28 years, R/at House of Sampath Pragathi Nagar, Begur Hobli, Bangalore – 560 068.
... Petitioner (By Sri. H. E. Basavaraj, Advocate) AND:
State by Electronic City Police Station Represented by The State Public Prosecutor High Court Complex, Bangalore 560 001.
... Respondent (By Sri. K. P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.312/2018 registered by Electronic City Police Station, Bangalore for the offence p/u/s 302 r/w section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner/accused no.2 is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.312/2018 with respect to offence punishable under Section 302 of IPC.
2. The case that is made out by the prosecution is that the complainant having received a call stating that his younger brother is lying dead has lodged a complaint. Initially, a complaint was lodged against unknown persons. Subsequently, it is stated that during the course of investigation, on the basis of the statements of the PWs.17 to 20, the petitioner as well as accused no.1 have been implicated.
3. The learned counsel for the petitioner contends that the prime witness is CW.20, wife of accused no.1 and states that the overt acts are primarily attributed as against accused no.1. It is stated that 164 statement of CW.20 has been recorded in which overt acts are attributed only against accused no.1. A bare perusal of 164 statement would also indicate that overt acts leading to fatal injuries are primarily attributed to accused no.1.
4. Taking note of the fact that motive is also one that is attributed only to accused no.1, in the light of alleged allegation that deceased had illicit relationship with the wife of accused no.1 and noticing that petitioner has been in custody since 31.10.2018, and observing that there are no criminal antecedents, case is made out for enlarging the petitioner on bail.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C., is allowed and the petitioner is enlarged on bail in Crime No.312/2018 for the offence punishable under Section 302 of IPC, Subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall physically present himself and mark his attendance before the Station House Officer, Electronic City P.S., Bengaluru City once in a month between 10.00 a.m.
and 5.00 p.m., till conclusion of the trial.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-