IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.589 OF 2019 BETWEEN:
1. Manikantha @ Mani @ Gota, S/o Shivaram, Aged about 31 years, Occupation: Coolie, Residing at No.111, II Cross, K.G.Halli, Samadhan Nagar, Nagavara Main Road, Bangalore – 560 045.
2. A.Justin Prabhakar, S/o K.Anand, Aged about 29 years, Residing at No.Nil, IV Cross, Muniswamappa Layout, Chuna Lane No.2, K.G.Halli, Bangalore – 560 045. ... Petitioners (By Sri.A.S.Kulkarni, Advocate) AND:
State of Karnataka, By Bagalur Police Station, Bangalore – 560 064. Represented by State Public Prosecutor, High Court Building, Bangalore – 560 001. ... Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.205/2018 (C.C.No.5659/2018) of Bagalur Police Station, Bengaluru City for the offence P/U/S 120(b), 143, 147, 148, 302, 201 read with Section 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners who are accused nos.4 and 5 have filed the present petition seeking to enlarge them on bail in the light of detention pursuant to the proceedings in Crime No.205/2018 (C.C.No.5659/2018) for the alleged offences punishable under Sections 143, 147, 148, 302, 201 r/w 149 IPC.
2. The facts as made out in the complaint are that a complaint was filed after the dead body of the deceased was seen by a passer by stating that he saw the dead body of the deceased lying beside the road and the said body contained stab injuries all over.
3. After registering the FIR, investigation has completed and charge-sheet has been filed. It is stated that on 18.09.2018, accused nos.4 and 5 have been arrested and are in judicial custody till date. During the course of investigation, the accused persons are stated to have shown the place of murder. Subsequently, on 25.09.2018, accused nos.3 and 6 have been arrested.
4. It is to be noted that insofar as accused nos.3 and 6 are concerned, they are being released on bail as per the order passed by this court in Crl.P.No.360/2019. It is the contention of the petitioners that the case rests on circumstantial evidence and in fact, there are no eyewitnesses. The only aspect relied on by the prosecution is the last seen theory and that CW.18 and CW.19 had seen the petitioners along with accused no.1.
5. This court while disposing of Crl.P No.360/2019 has observed that as there are no eyewitnesses and the case is based on circumstantial evidence, and the allegations are required to be proved during trial. The observations made in Para 8 of the order in Crl.P No.360/2019 are taken note off. As the petitioners herein are similarly situated as accused nos.3 and 6, and since accused nos.3 and 6 have already been enlarged on bail, the petitioners herein who are accused nos.4 and 5 are also entitled to be enlarged on bail on the principles of parity.
6. Accordingly, the petition is allowed. The petitioners/accused nos.4 and 5 are ordered to be released on bail in Cr.No.441/2018 of Kadugondanahalli Police Station, Bengaluru City for the offences punishable under Sections 120(B), 143, 147, 148, 302, 201 read with Section 149 of IPC, subject to the following conditions:
1. Petitioners/accused Nos.4 and 5 shall execute personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) each with two sureties for the likesum to the satisfaction of the Trial Court.
2. They shall not tamper with the prosecution evidence directly or indirectly and they shall not threaten the prosecution witnesses.
3. They shall appear before the Court regularly during the trial.
4. They shall not leave the jurisdiction without prior permission of the Court.
5. They shall mark their attendance on 1st of every month before the jurisdictional police between 10.00 a.m. to 5.00 p.m. till the trial is concluded.
Sd/- JUDGE Np/-