IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.4973 OF 2018 BETWEEN:
Mahadeva S/o Narasaiah Aged about 24 years R/at Rayagenahalli Kothagere Hobli Kunigal Taluk Tumkur District Tumkur-572 127. …Petitioners (By Sri. Panduranga G, Advocate) AND:
State by Kumbalagodu P.S. Represented by Special Public Prosecutor High Court of Karnataka Bengaluru-560 009. ...Respondent (By Sri. K P Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.97/2017 of Kumbalagudu Police Station, Ramanagara District for the offences P/U/S 143, 149, 302 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking anticipatory bail in Crime No.97/2017 of Kumbalagudu Police Station. He is charge sheeted as accused No.4 in the said case for offences punishable under Sections 143 and 302 read with Section 149 of IPC.
2. It is alleged that on 30.04.2017 at 07.15 p.m. when accused Nos.1 to 4 were quarrelling amongst themselves in front of the mosque in Anchepalya, the victim- Govinda Raju tried to pacify. It is further alleged that being enraged by that, accused No.1 stabbed him with knife on his stomach and accused Nos.2 to 4 assaulted him with hands and legs.
3. After registration of the case, the victim died on 1.5.2017 at 3.40 p.m. in Victoria Hospital. Therefore, charge sheet was filed for the offences punishable under Section 302 read with Section 34 of IPC. The prime allegation of stabbing with knife and causing death were against the first accused. This Court in Crl.P.Nos.2434/2018 and 7369/2017 has granted bail to accused Nos.1 and 5.
4. Charge sheet is already filed. Incriminating materials are already seized. As already pointed out, at the first instance, the petitioner’s name did not figure in the complaint. Under these circumstances, this is a fit case to grant anticipatory bail with suitable conditions.
5. Therefore, the petition is allowed. Petitioner is granted anticipatory bail in Crime No.97/2017 of Kumbalagudu Police Station, which is now pending in C.C.No.6394/2017 on the file of the II Additional CJM, Bangalore Rural District, Bengaluru, subject to following conditions:-
i)He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
ii)He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Court for his appearance.
iii)He shall appear before the Court as and when required for the purpose of trial;
iv)He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
*alb/-
Sd/- JUDGE