IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5239 OF 2019 BETWEEN:
MR.LAWRENCE.R AGED ABOUT 23 YEARS S/O.RAJA.K R/AT.NO.165, TUMKUR ROAD GOWTHAM NAGAR, YESHWANTHPURA BENGALURU NORTH BENGALURU – 560 022.
(BY MISS.RAKSHA KEERTHANA.K, ADV., FOR SRI.KEMPARAJU, ADV.,) AND:
STATE OF KARNATAKA BY RAJAGOPALANAGAR POLICE STATION BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001.
(BY SRI.K.P.YOGANNA, HCGP) ... PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.117/2019 OF RAJAGOPAL NAGARA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 354-B, 341, 323, 504, 506, 427, 302 R/W.SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent - State. Perused the records.
2. The petitioner is arraigned as accused No.1 in C.C.No.9055/2019 which later culminated into S.C.No.678/2019 on the file of XLV Additional City Civil and Sessions Judge, Bengaluru.
3. The brief facts of the prosecution case is that the accused Nos.1 and 2 joined hands with each other and particularly on 17.2.2019 at about 5.30 p.m. they came near the house of the deceased by name Padma and they started quarrelling with her and both of them assaulted with their hands, wherein she lost conscious and later she was admitted to the hospital, but succumbed to death. On the same allegations, accused No.2 has already been released on bail by this Court in Crl.P.No.3113/2019 dated 27.05.2019, on several conditions.
4. Considering the nature of allegations and accused being not hampered the deceased and assaulted only with hands, the petitioner also stands on the same footing as that of accused No.2. There are no distinguishing, independent allegations against this petitioner. Hence, petitioner is entitled for bail on the ground of parity. Accordingly, the following:-
O R D E R The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.117/2019 of Rajagopalanagar Police Station pending in S.C.No.678/2019 on the file of XLV Additional City Civil and Sessions Judge, Bengaluru registered against him for the offences punishable under Sections 354(B), 341, 323, 504, 506, 427, 302 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE VMB