IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.6792 OF 2019 BETWEEN:
MUNIRAJA @ MUNNA S/O LATE CHINNAPPA AGED ABOUT 28 YEARS, R/AT NO.135, 3RD CROSS, UTHARAHALLI MAIN ROAD, CHIKKODANA PALYA, BENGALURU CITY. ... PETITIONER (BY SRI: SUNIL KUMAR.S., ADVOCATE FOR SRI: CHANDRASHEKAR R.P., ADVOCATE) AND:
STATE OF KARNATAKA BY SRIRANGAPATNA RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, BANGALORE 560001. ... RESPONDENT (BY SRI: ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.261/2018 OF SRIRANGAPATNA RURAL POLICE STATION, MANDYA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 114, 109, 341, 120-B, 201 AND 302 R/W SECTION 149 OF IPC AND SECTION 2(C), 27(1) OF INDIAN ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.4 in C.C.No.690/2018 arising out of Cr.No.261/2018 on the file of Srirangapatna Rural Police Station for the offences punishable under Sections 143, 147, 148, 114, 109, 341, 120B, 201, 302 read with 149 of IPC, 1860 and Sections 2(C), 27(1) of the Arms Act, 1959.
3. The brief facts of the case are that on 11.08.2018 on account of Bhimana Amavase, deceased by name Arasaiah had visited Sri Gurudev Mahakali Temple situated at T.M.Hosuru Gate, Srirangapatna. He had also requested the complainant to drop him to his village. On the said date, at about 8.30 a.m. he came to the temple in a car and after finishing pooja, all the said persons including the complainant and the said Arasaiah were returning in their car. When they reached some distance, at about 3.45 p.m.
all the accused persons came in three cars to the spot and about 15 to 20 persons accosted the car of the said Arasaiah. They got down from the said car. Accused persons were holding deadly weapons like long, chopper and clubs etc and assaulted the car of the deceased as well as assaulted him with the said weapons which resulted in grievous injuries to him and succumbed to those injuries.
4. CWs.1, 2, 15 and 16 are the eyewitnesses to the incident. In fact in their 161 and 164 Cr.P.C., Statements, they have disclosed about the facts and circumstances. They have stated that some of the accused persons have assaulted the deceased including the present accused. In fact, accused Nos.17 and 18 have already approached this Court and they were released on bail. Accused Nos.5 and 6 are also released on bail in Crl.P. No.4181/2019. The over-tact alleged against the petitioner and accused Nos.5 and 6 are almost similar.
5. It is the case of the prosecution that with reference to the similar overt-acts, the accused Nos.5, 6 and 9 have surrounded the car of the deceased and when the deceased got down from the car with a pistol, accused No.2 assaulted on hand of the deceased and the pistol fell down from his hand. Accused Nos.2 and 4 with longs assaulted on the hands of the deceased. Accused No.1 assaulted on the head and accused No.2 assaulted on the left ear and head portion right hand and accused No.3 the present petitioner hit on back side of the neck, accused No.4 the present petitioner assaulted on the neck, face and right hand and accused No.5 on the stomach, back side of neck, ear and spine and accused No.6 also assaulted on the back and other parts of the body. Considering the above said factual aspects, this Court has released accused Nos.5 and 6 on bail.
6. The petitioner and other accused persons viz., accused Nos.5 and 6 were also subjected to test identification parade conducted by the Tahsildar on 19.09.2018. Eyewitnesses have failed to identify accused Nos.5 and 6 though they were also alleged to have assaulted the deceased. However, they have identified this petitioner during the course of identification parade. The records also disclose that prior to identification parade, photographs of the petitioner was shown to the eyewitnesses. Therefore, substantial identification requires to be made during the course of full-dressed trial.
7. It is seen from the records that accused Nos.5 and 6 have already been released on bail by this Court in Crl.P.No.4181/2019 vide order dated 11th September 2019 and accused No.3 has also been released on bail in Crl.P.No.6592/2019 vide order dated 24th September 2019. Considering the allegations made against other accused persons and the present petitioner, the petitioner also stand on the same footing as that of accused Nos.3, 5 and 6. Therefore, on the ground of parity, this petitioner is also entitled to be enlarged on bail on the same terms and conditions. Hence, the following:
O R D E R The petition is allowed. The petitioner shall be released on bail in C.C.No.690/2018 arising out of Crime No.261/2018 of Srirangapatna Rural Police Station for the offences punishable under Sections 143, 147, 148, 114, 109, 341, 120B, 201, 302 read with Section 149 of IPC and Sections 2(c), 27(1) of the Arms Act, 1959 subject to the following conditions:
i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the trial Court;
ii) The petitioner shall not tamper with the prosecution evidence directly or indirectly;
iii) The petitioner shall appear before the trial Court regularly till completion of the trial;
iv) The petitioner shall mark his attendance in the jurisdictional police on 1st of every month between 10.00 a.m. and 5.00 p.m. till the trial is concluded;
v) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission; & vi) The petitioner shall not indulge in similar type of criminal activities.
Sd/- JUDGE *mn/-