IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7595/2019 BETWEEN:
NAVEENA @ KULLA S/O HANUMANTHA AGED ABOUT 22 YEARS R/AT NO.54, 6TH CROSS BEHIND DUGGALAMMA TEMPLE NEAR PEOPLE TREE, LAGGERE BENGALURU-560 058.
PERMANENT RESIDENT OF GANASANDRA VILLAGE NEAR BELLUR CROSS NAGAMANGALA TALUK MANDYA DISTRICT-571 432.
(BY SRI: RUDRAPPA.P., ADV.,) AND:
STATE OF KARNATAKA KAMAKSHIPALYA POLICE STATION BENGALURU-560 079.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.
(BY SRI: ROHIT B.J., HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.326/2019 REGISTERED BY KAMAKSHIPALYA POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 143, 147, 148, 302 AND 120(B) R/W 149 OF IPC.
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. The petitioner is arraigned as accused No.6 in Crime No. 326/2019 of Kamakshipalya Police Station, Bengaluru for the offence punishable under Sections 143, 147, 148, 302 and 120(B) r/w. Section 149 of IPC.
3. The brief facts of the case are that on 06.09.2019 at about 9.00 p.m., when the complainant by name Prasanna Kumar had been to Ganapathi Nagar tempo stand, at that time, he received information that his brother was assaulted by somebody. Therefore, he went to the second main road Gajananangar in Sunkadakatte and he came to know that the dead body of his brother was shifted to Victoria hospital and then he went to Victoria hospital and found many injuries on various parts of the body of the deceased Mahesh Kumar. Therefore, on 07.09.2019, the complainant lodged a complaint. On the basis of the said complaint, during the course of the investigation, it was found that accused Nos.1 to 12 have conspired with each other for the purpose of doing away with the life of the deceased Mahesh Kumar on the ground that he has murdered earlier a person by name Suresh @ Kulda Suri. Therefore, the accused No.1 has directed the other accused persons to do away with the life of the said Mahesh Kumar.
4. Though the details are not available in the remand application but at the time of submitting arguments, with all responsibility, the learned HCGP has submitted before this Court, about the noninvolvement of accused No.1 i.e. physically participating in the assault. He was cited only as conspirator with other accused. Accused Nos. 1 to 11 who are actually assaulted the deceased on the date of the incident and caused severe fatal injuries.
5. In view of the above, the said submissions and on perusal of the remand application, only the mobile has been seized by the petitioner about 2-3 days prior to the incident.
6. For the above said facts and circumstances and in view of the submissions made by the learned HCGP, the petitioner in my opinion isentitled to be enlarged on bail particularly under Section 439 of Cr.P.C. as he has already been arrested and in judicial custody and he is no more required for further interrogation. Hence, I proceed to pass the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused shall be released on bail in connection with Crime No. 326/2019 of Kamakshipalya Police Station, Bengaluru for the offence punishable under Sections 143, 147, 148, 302 and 120(B) r/w. Section 149 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
(v) The petitioner shall mark his attendance once in fifteen days i.e, on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE SSD