IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No. 8141/2019 BETWEEN :
M.R. Manjunath @ Soda S/o. Ramaiah Aged about 25 years R/a. No. 102, I Floor Turuhalli Near Government School Uttarahalli Subramaniyapura Bangalore – 560 061. … PETITIONER (By Sri. Kulkarni Abdul Rasheed Sikander Sab, Adv.) AND :
The State of Karnataka By JP Nagar Police Station Bangalore – 560 078 Rep. by State Public Prosecutor High Court Building Bangalore – 560 001. … RESPONDENT (By Sri. Honnappa, HCGP) ---
This Criminal Petition is filed under Section 439 Cr.P.C. with a prayer to enlarge the petitioner on bail in Cr.No. 151/2019 of Jayaprakash Nagar P.S., Bengaluru city for the offence punishable under Section 143, 144, 147, 148, 341, 302, 120B, 427 read with 149 of IPC and Section 3(2) of PDPP Act and etc.
This Criminal Petition coming on for Orders this day, the Court passed the following;
O R D E R Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent – State. Perused the records.
2. Petitioner is arraigned as accused No. 5 in Crime No. 151/2019 of Jayaprakashnagar Police Station. After investigation the Police have filed charge sheet for the offences punishable under Sections 143, 144, 147, 148, 341, 302, 120B, 427 read with 149 of IPC and also Section 3(2) of Prevention of Damage to Public Property Act, 1984.
3. Brief facts of the case are that on 26.08.2019 a person by name Ramesh N son of Nanjappa Reddy lodged a complaint stating that on 25.08.2019 in the afternoon at about 03.00 pm his elder son Varun left the car at home and took his Suzuki Access scooter and went out and at midnight, his second son woke him up and told that Varun met with an accident and he had been admitted to KIMS hospital. Immediately the complainant rushed to the hospital and saw the dead body of Varun. The dead body had sustained grievous injuries on the face, stomach and all the over the body. On the basis of complaint lodged by the complainant alleging that some persons have committed the murder of his son, Police have registered a case and investigated the matter. It is seen that accused No. 1 surrendered and accused No. 15 was also arrested. Their voluntary statements have been recorded. Apart from the above, the entire charge sheet papers discloses that accused Nos. 1, 2, 3, 16 and 17 are the assailants who have assaulted the deceased after dashing the scooter of the deceased who was proceeding near Sindhoor Convention Hall within the jurisdiction of J.P. Nagar Police Station and accused Nos. 1, 2, 3, 16 and 17 were having deadly weapons in their hands and assaulted on all the parts of deceased and Manjunath @ Tamma Manja. It is the case of the prosecution that accused No.
5 along with accused Nos. 4 and 6 have facilitated accused persons to run away from the spot in Maruti Ertiga Car bearing registration No. KA-41-C3080.
4. Looking to the above said facts and circumstances it is clear that the petitioner was not present at the place of accident but he subsequently facilitated the assailants to go away from the spot. Therefore, common intention amongst all the accused persons including this petitioner has to be established during the course of full dressed trial.
5. Accused No. 15 has already been released on bail by this Court Crl.P.No. 7670/2019 vide order dated 20.11.2019. Therefore, in my opinion, the petitioner is also entitled to be released on bail on same conditions.
Hence, the following:
ORDER The Criminal Petition is allowed. Consequently, the petitioner shall be enlarged on bail in connection with Crime No.151/2019 of Jayaprakash Nagar Police Station, Bengaluru City on the file of the 44th Additional Chief Metropolitan Magistrate Court, Bengaluru for the alleged offences subject to the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One Lakh Rupees only) with two sureties 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 the 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.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE.
LRS.