IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.9006/2017 C/W CRIMINAL PETITION NO.8866/2017 IN CRIMINAL PETITION NO.9006/2017 BETWEEN:
Lakshmana @ Soori Aged about 33 years R/at No.7/2A 4th Cross, 5th Main Road Chamarajpet Bengaluru-560 079. ... PETITIONER (By Sri Gireesha R J, Adv.) IN CRIMINAL PETITION NO.8866/2017 BETWEEN:
Sunil Kumar @ Sunil Govardhan S/o late Gurumallu K Aged about 35 years R/at No.35, Behind Chithrakoota School Nagadevanahalli, Jnanabharathi Bangalore-560 056. ... PETITIONER (By Sri Mohankumara D, Adv.) AND:
State of Karnataka By SHO Cottonpet Police Station Bangalore City-560008 Represented by the Public Prosecutor High Court of Karnataka Bangalore-560 001. ...COMMON RESPONDENT (By Sri Chetan Desai, HCGP) These Criminal Petitions are filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Cr. No.210/2017 of Cottonpet P.S., Benglauru City, for the offences P/U/Ss 342, 364(A), 307, 323, 506 read with Section 34 of IPC.
These Criminal Petitions coming on for Orders this day, the Court made the following:
ORDER Since these two petitions are in respect of the same crime number and common questions of fact and law are involved in both the petitions, they are taken together to dispose of them by this common order in order to avoid repetition of fact and law.
2. Crl.P.No.9006/2017 is filed by petitioner- accused No.4 and Crl.P.No.8866/2017 is filed by accused No.5. Both the petitions are filed under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 506, 307, 342, 364(A), 323 r/w Section 34 of IPC registered in respondent – police station Crime No.210/2017.
3. As per the complaint averments one Shankarnag, director of the film lodged the complaint stating that himself and accused No.1-Prasad Aradhya wanted to produce a film and they invested money to the tune of Rs.85 lakhs. But subsequently, when 30% of the shooting work was completed, difference arose between the complainant and accused No.1. Accused No.1 conspired and asked the complainant to come near Shantala Silk House, Majestic. When the complainant came near Shanthala circle, accused No.2 Cheppu made the complainant to sit in the car and assaulted him and caused injuries. On the basis of the said complaint case was registered.
4. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.4 and 5 and also the learned High Court Government Pleader appearing for the respondent-State in respect of both the petitions.
5. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
6. Accused No.1 has already approached this Court seeking his release on bail by filing the petition under Section 439 Cr.P.C. wherein the entire merits of the case were considered and accused No.1 was admitted to regular bail by imposing conditions. As per the complaint serious allegations are against accused No.2 that he asked the complainant to come near Shanthala silk house and took him in the car and assaulted him and demanded for ransom.
7. Learned High Court Government Pleader during the course of hearing the petitions has submitted that these two petitioners are also involved in committing the alleged offences and the complainant has identified their presence. Hence, sought for rejection of the petitions.
8. Petitioners herein have contended that they are innocent and not committed the alleged offences and there is a false implication.
9. Considering the entire materials placed on record, so also, the order of this Court dated 22.11.2017 passed in Crl.P.No.8409/2017, I am of the opinion that by imposing reasonable conditions, petitioners can be admitted to regular bail.
10. Accordingly, both the petitions are allowed.
Petitioners/accused Nos.4 and 5 are ordered to be released on bail for the offences punishable under Sections 506, 307, 342, 364(A), 323 r/w Section 34 of IPC registered in respondent – police station Crime No.210/2017, subject to the following conditions:
i. Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each and shall furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners shall appear before the concerned Court regularly.
Sd/- JUDGE bkp