IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.3102 OF 2019 BETWEEN:
M. RAVI @ RAVIKUMAR S/O MUNIYAPPA, AGED ABOUT 39 YEARS RESIDING AT NO.23, JETTAPPA LAYOUT BEHIND JETTAPPA COMPLEX YELACHENAHALLI KANAKAPURA ROAD BENGALURU-560078.
... PETITIONER (BY SRI: RAM SINGH K., ADVOCATE) AND:
STATE OF KARNATAKA BY MAGADI POLICE STATION RAMANAGARA DISTRICT PIN-562120. REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT KARNATAKA, BANGALORE 560001. ... RESPONDENT (BY SRI: ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.224/2015 (S.C.NO.27/2019) OF MAGADI POLICE STATION., RAMANAGARA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 120B, 364, 302, 201 R/W 149 OF IPC .
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.12 in Cr.No.224/2015 of Magadi Police Station. Subsequently after committal, the same is registered as S.C.No.27/2019 pending on the file of the III Additional District & Sessions Judge, Ramanagara for the offences punishable under sections 143, 147, 148, 120B, 364, 302, 201 r/w Section 149 of IPC, 1860.
3. The brief facts of the prosecution case, as could be seen from the charge sheet is that the accused No.1 Umesh @ Umi was a close associate of this petitioner – accused No.12 and they were wandering together & doing rowdism. There were cases registered against them in various police stations. So far as this case is concerned, accused No.1 had developed ill-will and hatredness against one Velu of Hosakerehalli, Bengaluru. Due to their previous ill-will and hatredness, they wanted to do away with the life of Muniraja who was also having same hatredness and ill-will against accused No.1. Therefore, it is alleged that accused No.1 has secured presence of accused Nos.2 to 11 and accused No.2 has provided some weapons to other accused persons and at the instance of accused No.12, accused Nos.1 to 12 appears to have executed the work of committing murder of Muniraja on 30.08.2015 at mid- night near Government Gomal Land, Subbasastripalya within the limits of Magadi police station, Bengaluru. As could be seen from the charge sheet, accused Nos.1 to 11 have actually participated in assaulting the deceased Muniraja with longs and dagger and also made attempts to vanish the evidence that was made available against them.
4. As could be seen from the charge sheet papers, except stating that accused Nos.1 and 12 were wandering together as rowdy elements and that they were conspiring together, there in nothing available on record to show that this petitioner has actually participated in committing the murder of Muniraja.
5. Except the allegations made in the charge sheet, there is nothing available on record to show the conspiracy between accused No.1 and 12. So far as this case is concerned, except the voluntary statement of accused No.1 and other accused persons against this petitioner, no other materials are available. Of-course, conspiracy is a mental understanding between accused persons with reference to their physical attitude that requires to be proved beyond reasonable doubt during the course of full- dressed trial. When the petitioner is not shown to have actually participated and particularly when some of the accused persons have already been released on bail, in my opinion, it cannot be said that there is unbeatable prima- facie case made out against this petitioner so as to reject bail to him. Establishing of a prima-facie case is a harbinger in criminal case so far as consideration of bail petitions are concerned. If there is no prima-facie case made out, no other consideration comes into picture to the Court. As a matter of right, accused is entitled to be enlarged on bail. If some prima-facie materials are available, then only the court has to think whether the accused is entitled to be enlarged on bail or not?. Considering the other facts and circumstances of the case, when no prima-facie case is made out, accused in such cases shall be enlarged on bail. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner who is accused No.12 shall be released on bail in connection with Crime No.224/2015 of Magadi Police Station(S.C. No.27/2019) pending on the file of III Addl. District and Sessions Judge, Ramanagara, registered for the offences punishable under Sections 143, 147, 148, 120B, 364, 302 & 201 read with 149 of IPC, 1860, subject to the following conditions:
(i) Petitioner shall execute personal bond for a sum of Rs.1.00 lakh(Rupees One lakh only) with two solvent 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.
Sd/- JUDGE *mn/-