IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6842/2019 BETWEEN:
Mr. Pradeep Poojary S/o Gopal Poojary, Aged about 36 years, R/at Prameela Nilaya, New Colony Kodankoor, Puttur Village, Udupi Taluk-576 101.
…Petitioner (By Sri.Jayanth Poojary, Advocate) AND:
The State of Karnataka Police Inspector, Manipal Police Station, Represented by its State Public Prosecutor High Court Building, 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 Cr.No.91/2018 (S.C.No.41/2018) of Manipal Police Station, Udupi for the offence punishable under Sections 302, 201, 203, 504, 506 read with 34 of IPC and Sections 2(C), 27 of Indian Arms Act.
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 learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.4 in Cr.No.91/2018, later registered as S.C.No.41/2018 on the file of Prl. District and Sessions Judge, Udupi district, Udupi for the offence punishable under Sections 302, 201, 203, 504, 506 read with 34 of IPC and Sections 2(C), 27 of Indian Arms Act.
3. The brief facts of the case are that a person by name K. Prabhakar Shetty lodged a complaint stating that on 29.07.2018 at about 1.00 p.m., the complainant had been to Shambhavi Recreation Club in the first floor of ‘Remake Bar and Restaurant’. In the said premises the deceased Guruprasad Bhat was smoking. At about 1.00 p.m. three unknown persons came to that particular place in search of the deceased. Thereafter, those three persons pulled him to the hall, hit him with their hands, kicked him and one of them, stabbed him with a dagger. When the complainant screamed for help, those three persons fled away form the spot. During the course of investigation, it is stated that this petitioner was also present at the time of incident and he caught hold the deceased when accused No.1 stabbing the deceased.
4. On careful perusal of the entire records, it discloses that, accused Nos.2 and 3 have already released on bail by this Court in Crl.P.No.3509/2019 and Crl.P.No.4639/2019. Considering their overt-act, the petitioner stands on a better footing than that of accused Nos. 2 and 3 as only three persons names were shown in the FIR as assailants. Therefore, in my opinion, petitioner- accused No.4 is also entitled to be enlarged on bail on the ground of parity. Hence, the following O R D E R The Petition is allowed. Consequently, the petitioner/accused No.4 shall be released on bail in S.C.No.41/2018 arising out of Cr.No.91/2018 pending on the file of the Prl. District and Sessions Judge, Udupi District, Udupi subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-( Rupees One Lakh only) with one surety 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.
Sd/- JUDGE JS/-