IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6857 OF 2019 BETWEEN:
NIKHIL @ APPU S/O.K.NAGARAJU AGED ABOUT 22 YEARS R/AT NO.155, HOSA BEEDI MUNESHWARA NAGARA OOTY ROAD MYSURU-570 001 …PETITIONER (BY SRI RAMESHA H.N., ADVOCATE) AND:
THE STATE OF KARNATAKA BY LAKSHMIPURAM POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 …RESPONDENT (BY SRI ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.4/2019 (SC.NO.166/2019) OF LAXMIPURAM POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 READ WITH 34 OF IPC PENDING ON THE FILE OF III ADDITIONAL DISTRICT JUDGE, MYSURU.
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.1 in Crime No.4/2019 of Laxmipuram Police Station, Mysuru for the offence punishable under Section 302 of IPC.
3. The main allegations are that on 28.1.2019, accused Nos.1 to 3 have intercepted the deceased Manu @ Jonhny, at about 1.10 to 1.20 p.m., near the fire brigade road under bridge; it is alleged that accused Nos.2 and 3 caught hold of the deceased and accused No.1 assaulted the deceased with a knife on the head, stomach, hands etc.; accused No.3 also assaulted the deceased with a knife on the head and hands etc.
4. It is noticed that accused No.2 has already approached this Court in Crl.P.No.5561/2019 and vide order dated 06.09.2019, this Court has granted bail to the said accused. Accused No.3 has already been released on bail in Crl.Misc.No.310/2019 by III Additional Sessions Judge, Mysuru vide order dated 25.02.2019. Similar allegations are made against this petitioner also. On the ground of parity, the petitioner is also entitled to be enlarged on bail. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner (Accused No.1) shall be released on bail in connection with S.C. No.166/2019 (arising out of Crime No.4/2019) on the file of III Additional Sessions Judge, Mysuru, for the offence punishable under Section 302 read with Section 34 of IPC subject to the following conditions:
1. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum for his appearance and address proof of the petitioner and his sureties to be furnished.
2. The petitioner shall mark his attendance in the respondent-Police station once in 30 days on the first day of every month till filing of the final report;
3. In addition, the petitioner shall appear before the Investigating Officer as and when his presence is necessary and co-operate with the investigation;
4. The petitioner shall appear before the Court on all dates of hearing during the trial except for unavoidable reasons;
5. The petitioner shall not indulge in similar or any offences;
6. The petitioner shall not in any manner tamper with the evidence nor hold any threat or inducement to the witnesses.
Sd/- JUDGE LB