IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8694/2018 BETWEEN:
Nagaraja S/o Muniyappa Aged in major R/at. Shivakumaraswamiji Nagar Kengeri Hobli, Bengaluru South Bengaluru-560 079.
(By Sri Jagadeesha H., Advocate) AND:
The State of Karnataka by Kaggalipura Police Station, Bangalore Represented by their Public Prosecutor High Court Complex Bangalore-560 001.
(By Sri K.P. Yoganna, HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.25/2018 (Spl.C.C.No.134/2018) of Kaggalipura Police Station, Ramanagara for the offence punishable under Section 302 r/w Section 34 of Indian Penal Code 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 The present petition has been filed by the petitioner/ accused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.25/2018 (Spl.C.C.No.134/2018) of Kaggalipura police station for the offence punishable under Section 302 r/w 34 of IPC and Section 3(2)(V) of SC/ST (POA) Act, 1989.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that on 17.01.2018 at about 6.00 p.m. because of the previous ill-will accused No.2 assaulted the deceased with iron rod on his head and committed murder. It is accused Nos.1 to 3 assaulted Nagaraja and stamped with their legs.
4. It is the submission of the learned counsel for the petitioner that the eyewitnesses have clearly stated that it is accused No.2 who has assaulted with iron pipe and the accused Nos.1 and 3 have stamped him. He further submitted that this Court in similar facts and circumstances, already released accused No.3 on bail in Criminal Petition No.6464/2018 dated 19.11.2018, the accused is also entitled to be released on bail on the ground of parity. He further submitted that, he is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.1 along with accused No.2 went and assaulted the deceased and the deceased died due to the injuries suffered on his head. There is prima facie material as against the petitioner/accused. If he is released on bail, he may tamper with the prosecution evidence and he may abscond and may not be available for the trial. On these grounds he prayed to dismiss the petition.
6. As could be seen from the records made available the statement of CW2 the eyewitness was recorded after three days and in the said statement it is stated that it is accused No.2 who assaulted with iron rod on the deceased and accused Nos.1 and 3 have kicked the deceased and thereafter caused the death of the deceased. Under the similar facts and circumstances accused No.3 has already been released on bail, the position of the petitioner is also like that of accused No.3. On the ground of parity, the petitioner/accused is also entitled to be released on bail.
7. Accordingly, the petition is allowed and the petitioner/accused No.1 is ordered to be released on bail in Crime No.25/2018 of Kaggalipura Police Station for the offence punishable under Section 302 r/w 34 of IPC and also under Section 3(2)(V) of SC/ST (POA) Act, 1989, subject to the following conditions:
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall appear before the Court regularly till the trial is concluded.
iv) He shall not leave the jurisdiction of the trial Court without prior permission of the Court.
v) He shall mark his attendance before the Investigating Officer once in 15 days till the trial is concluded.
Sd/- JUDGE *AP/-