IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6999/2019 BETWEEN:
Manjunatha @ Abhi S/o Basavaraju, Aged about 20 years, R/at. C/o Police Muttanna, Sollapuradamma Extension, 1st Cross, Near Vidyanikethana School, Sunkadakatte, Bengaluru, Native of Kurugunda Village, Haveri District.
…Petitioner (By Sri. Narayana Swamy K.N, Advocate) AND:
1. The State of Karnataka Kyathsandra Police Station-05, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
2. V.Mangala @ Radha D/o Venkatesh, Aged about 21 years, ICICI Bank Employee, R/at:No.296, 5th Cross, Srinivasa Nagara, Sunkadakatte, Bengaluru-560 091.
(By Sri. Rohith B.J., HCGP) ... Respondents This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.218/2018 (Spl.C.C.No.1/2019) of Kyathasandra Police Station, Tumakuru for the offence punishable under Section 120B, 302, 201 read with 34 of IPC and Section 3(2)(v) of SC/ST (POA) Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Notice issued to the respondent No.2 has been served as per the submission made by the learned HCGP.
2. Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
3. The petitioner is arraigned as accused No.1 in Cr.No.218/2018 (Spl.C.C.No.1/2019) of Kyathasandra Police Station, Tumakuru for the offence punishable under Section 120B, 302, 201 read with 34 of IPC and Section 3(2)(v) of SC/ST (POA) Act.
4. The factual matrix of the case are that accused No.1 was having illicit intimacy with the mother of CW.1 and in fact he was always giving money to the said lady. As the said lady was demanding more money from the petitioner and also threatening him that she would become pregnant at the instance of the petitioner, she would disclose the same to the public at large and she had also illicit intimacy with one milk Rajanna. Because of these reasons, the petitioner has conspired with accused Nos.2 to 4 to do away with the life of that lady by name Mahalakshmi. In this background, it is alleged that on 25.09.2018, the petitioner took the said lady on his two wheeler motor cycle and accused Nos.2 to 4 also came to a particular place in their vehicles along with the weapons like knife and iron rod. They took the said lady to the place called Halugondanahalli Village cross near the land of one Tandavamurthy and there, all the accused persons have assaulted the said lady, particularly one Abhishek, juvenile offender assaulted on the head; accused No.2 stabbed her on the chest and committed murder of the deceased. At the time of crime, this petitioner is very much present.
5. This Court had an occasion to deal with the afore said facts and circumstances. Accused No.2 by name H.B.Abhishek Gowda has filed a petition in Crl.P. No. 2602/2019. In the said case this Court has observed that there are no eye witnesses to the said incident. The entire case revolves around circumstantial evidence and recovery of knife at the instance of accused No.2 and there is no recovery from the petitioner. Except, recovery from the accused No.2, there is no other linking circumstances projected by the prosecution. Therefore, this Court granted bail to accused No.2. Though, the petitioner had some motive to murder the deceased, but motive alone cannot be taken into consideration to decline the bail petition of the petitioner. The whole case of the prosecution by proving the circumstances has to be established beyond reasonable doubt during the course of full dressed trial. Accused No.2 has already been enlarged on bail. Therefore, this petitioner is also entitled to be enlarged on bail on the ground of parity. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in connection with Crime No.218/2018 of Kyathasandra Police Station (Special C.C.No.1/2019 on the file of III Additional District and Sessions Judge at Tumakuru) for the alleged offence, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs. 1,00,000/-(Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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 JS/-