IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION No. 732 OF 2019 BETWEEN:
Manjunath @ Koli Manja S/o Umapathi, Aged about 30 years, R/at Kanakanagara, 4th cross, Jinke Thimmanahalli, Margondanahalli, T.C.Palya, K.R.Pura, Bengaluru-560016. …Petitioner (By Sri. Arun A Gadag for Advocate Sri. Shridhara K, Advocate for petitioner) AND State by K.R. Puram Police, Rep. by SPP High Court of Karnataka, Bangalore-560 001.
(By Smt. Namitha Mahesh B.G. HCGP) …Respondent This criminal petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.516/2018 of K.R.Puram Police Station, Bengaluru City for the offences punishable under Section 143, 144, 147, 148, 342, 364, 302, 201, 120(B) read with 149 of IPC.
This Criminal petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner-accused No.2 to enlarge him on bail in Cr.No.516/2018 registered by K.R.Puram Police Station for the offences punishable under Section 143, 144, 147, 148, 342, 364, 302, 201, 120(B) read with 149 of IPC.
2. The allegations against the petitioner is that on 15.09.2018 at 6.00 am, complainant saw the male dead body in the land of one Dr.Halesh. The corpse was aged about 30-35 years. There were burnt marks on the hair, beard and right heel of the dead body and attempt had been made to burn the dead body. Neighbours were not able to identify the dead body. Thereafter, complaint was lodged. On the basis of the complaint police have arrested petitioner along with accused Nos.8 and 9.
3. The learned counsel for the petitioner submits that petitioner/accused No.2 has been in JC since 16.11.2018. He further submits that there are no direct eye witnesses to show the involvement of the accused persons to the said crime. Accused Nos.3, 8, 9 and 11 are already granted bail by the Sessions Court in Crl.Misc.Nos.25047/2019, 26256/2018, 26045/2018 and 26202/2018 respectively. It is further submitted that the name of the petitioner does not find place neither in the complaint nor FIR. The petitioner has been arraigned in the case on the basis of the voluntary statement of co-accused recorded by the police during the course of investigation which is not admissible under the law. Petitioner is ready to abide by any conditions that may be imposed on him by this Court and ready to offer sureties. Hence, prayed to allow the petition.
4. Per contra, learned HCGP contended that the petitioner and other accused persons actually involved in the said commission of offence. There are sufficient materials to show the involvement of the accused persons in the said crime. Hence, prayed to dismiss the petition.
5. Upon hearing the arguments of both the side, it is clear that the prosecution has relied upon the circumstantial evidence. Though there were alleged three eyewitnesses namely, Arun Kumar, Sudharshan and Madhusudan, have given statements before the Magistrate but the same were different. Except stating that there were quarrel between Appu gang and Harish gang nothing was stated about the incident and about this accused there is no material placed on record to show the involvement of accused persons in the said crime. Investigation is already completed and charge sheet has been filed. Accused Nos. 8, 9 and 11 were already granted bail by the Sessions Court against whom similar allegations were made and this petition stands on the same footage. Therefore, on the ground of parity, this petitioner is also entitled for bail. Hence, the petition deserves to be allowed.
6. Accordingly, the criminal petition is allowed.
The petitioner-accused No.2 is ordered to be released on bail, in Crime No.516/2018 of K.R.Pura Police Station for the offences punishable under Sections 143, 144, 147, 148, 342, 364, 302, 201, 120(B) read with 149 of IPC, subject to the following conditions:-
(i) Petitioner-accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the trial Court or Committal Court;
(ii) Petitioner shall not indulge in similar offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court, and (v) Petitioner shall mark his attendance before the Investigating Officer between 10.00 a.m. and 4.00 p.m. on every Monday for a period of six months or till commencement of trial whichever is earlier.
SD/- JUDGE JS/-