IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.5827/2019 BETWEEN:
MANJUNATHA @ MENTAL MANJA S/O LATE VENKATESHAPPA AGED ABOUT 25 YEARS R/AT CHINTHALAMADIVALA SARJAPURA HOBLI, ANEKAL TALUK ANEKAL – 562 102 DISTRICT BENGALURU …PETITIONER (BY SRI MOHANKUMARA D. FOR SRI GAJENDRA C.V., ADVOCATE) AND:
STATE OF KARNATAKA STATE BY HEBBAGODI POLICE HIGH COURT GOVT. PLEADER HIGH COURT OF KARNATAKA BANGALORE – 560 001 ...RESPONDENT (BY SRI VIJAY KUMAR MAJAGE, ADDL.S.P.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.254/2017 (SPL.C.NO.314/2017) OF HEBBAGODI POLICE STATION, BENGALURU REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC AND SECTION 3(2)(V) OF SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional S.P.P files memo along with the report of the Investigating Officer that the notice of the petition is served on the complainant.
2. Respondent police have charge sheeted the petitioner in Crime No.254/2017 of Hebbagodi police station which is now pending in Spl.C.C.No.314/2017 on the file of the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru for the offences punishable under Section 302 of IPC and Section 3(ii)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. It is alleged that on 17.06.2017, at about 4.00 p.m. near Tempo Stand Attibele Hobli, Bommasandra village, Bengaluru, the petitioner due to some previous ill-will assaulted Muniraju with chilli powder and chopper and committed his murder.
4. Previously, the petitioner filed two bail petitions in Crl.P.No.2472/2018 and Crl.P.No.2021/2019 and withdrew those petitions. He has filed the present petition seeking bail on the ground that CW.2 to CW.5 the eyewitnesses to the incident have turned hostile during trial.
5. The case is based not on the sole evidence of eyewitnesses, but other circumstantial evidence like extra judicial confession, recovery of the weapon of offences and the blood stained clothes of the petitioner. Those material witnesses are yet to be examined. Incident has taken place during broad day light.
6. In the light of eyewitnesses turning hostile and the other material witnesses are yet to be examined, it is not a fit case to grant bail to the petitioner. The petition is rejected.
KSR Sd/- JUDGE