IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7335 OF 2018 BETWEEN:
MUTTURAJ @ MUTTU, S/O. GOVINDAPPA, AGED 28 YEARS, R/AT NEAR RAGAVENDRA SCHOOL, GEETHA COLONY, YALACHENAHALLI, BENGALURU-560 078. ...PETITIONER (BY SRI.SATISH.V, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY KUMARSWAMY LAYOUT POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. ...RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.30/2018 (C.C.NO.11727/2018) OF KUMARASWAMY LAYOUT POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 149, 201, 120B AND 302 OF IPC AND SECTION 25 OF INDIAN ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is accused No.6 in Cr.No.30/18 of Kumaraswamy Layout Police Station. The petitioner and eight others were charge sheeted in the said case for the offence punishable under Sections 143, 147, 148, 149, 201, 120(B) and 302 of IPC and under Section 25 of Indian Arms Act, 1959.
2. The case of the prosecution is as follows:
Due to previous ill-will between accused No.1 and deceased Kumar @ Peechu Kumar, the accused entered into a conspiracy to commit his murder. In execution of such conspiracy, on 05.02.2018 when Kumar was traveling in autorickshaw of the petitioner, he passed on the information to the other accused and on the same day at 4.30 p.m. the other accused armed with chilli powder, dagger and Talwars intercepted the autorickshaw of the petitioner and then committed murder of Kumar.
3. Initially, on 5.2.2018 the statement of the petitioner was recorded as eyewitness. Thereafter, on 12.02.2018, on the basis of the alleged confessional statement of the co-accused, the petitioner is implicated in the case. The only incriminating material collected by the I.O. to connect the petitioner to the crime is the said confessional statement of the co-accused and call detail records. However, the sim card relating to the said call detail records do not stand in the name of the petitioner. The I.O. has not investigated to trace the said sim card holder and record his statement.
4. As per the charge sheet records, the actual assailants were accused Nos.2 to 4 and other accused were conspirators and passive participants in the crime. This Court in Crl.P.Nos.4451/2018, 5798/2018, 6419/2018 and 6765/2018 has granted bail to accused Nos.1, 5, 7 to 9. Under these circumstances, it is a fit case to grant bail.
5. Therefore, the petition is allowed. Petitioner is granted bail in Crime No.30/2018 of Kumaraswamy Layout Police Station, subject to the following conditions:
1) He shall execute personal bond in a sum of Rs.1,00,000/-and furnish one surety in the like-sum to the satisfaction of the Court for his appearance;
2) He shall appear before the Court as and when required for the purpose of enquiry/trial;
3) He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE TL