IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.9249/2017 BETWEEN:
N.PUTTACHAR S/O LATE NANJUNDACHAR AGED ABOUT 68 YEARS R/AT BHAKTHARAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT-561203. ... PETITIONER (BY SRI SHIVASHANKAR.K, ADV.) AND:
STATE BY DODDABELAVANGALA P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU-560001. ...RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP.) THIS CRL.P. FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.201/2017 OF DODDABELAVANGALA POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC AND SECTION 25 OF INDIAN ARMS ACT.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner/accused No.7 under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Section 302 of IPC read with Section 25 of the Arms Act, registered in respondent – police station in Crime No.201/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.7 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record.
4. Looking to the prosecution material, the material goes to show that the allegation is that it is accused No.1 who fired on the deceased and the gun has been recovered at the instance of accused No.4. So far as the present petitioner is concerned, there is no allegation in the complaint. As such when the voluntary statement of accused No.6 said to have been recorded, wherein he has stated that the petitioner/accused No.7 was having live cartridges which he collected long back for the purpose of using as against the birds and the same he gave to the others and on the basis of the said voluntary statement of accused No.6, the present petitioner has been arrayed in this case.
5. Looking to the materials even voluntary statement of accused No.6 also, there is no any incriminating statement that this petitioner/accused No.7 fired on the deceased. Learned counsel appearing for the petitioner made submission that even much earlier to the incident and as he was age old, petitioner/accused No.7 has handed over the gun to the police. In this connection, he has produced the document as per Annexure-D – endorsement issued by the Doddabelavangala Police. I have perused the said endorsement wherein it is mentioned that the gun bearing No.SBBL and the date is mentioned as 06.08.2017. So it prima facie goes to show that the petitioner handing over the gun to the police, in the petition, he has contended that he is innocent and there is false implication and he has not at all participated in the alleged act of firing and murder of the deceased. He has undertaken to abide by any reasonable conditions to be imposed by this Court. He has contended that he is aged about 68 years as mentioned in the cause title which fact is not disputed by the prosecution. Hence, it is a fit case to exercise discretion in favour of the petitioner/accused No.7 to be released on bail.
6. Accordingly, petition is allowed.
Petitioner/accused No.7 is ordered to be released on bail in Crime No.201/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE NC.