IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION No.6047/2017 BETWEEN PRADEEPA M P S/O LATE PUTTASWAMY AGED ABOUT 26 YEARS, RESIDING AT MADAPURA DODDI VILLAGE ATHAGUR HOBLI, NIDAGHATTA POST MADDUR TALUK MANDYA DISTRICT PIN CODE-571433 ..PETITIONER (BY SRI RAJU C N., ADVOCATE) AND:
STATE BY KIKKERI POLICE MANDYA REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE NO:560001 ..RESPONDENT (BY SRI CHETAN DESAI, HCGP) CRL.P FILED U/S.439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.283/2016 OF KIKKERI POLICE STATION, MANDYA, FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for petitioner and respondent.
2. A criminal case came to be registered for the offence punishable under Section 302 read with Section 34 of IPC. Mahadeva was taken by his brother for doing coconut business at K.R.Pet. On 27.12.2016 Kikkeri Police registered crime No.283/2016 for the offence punishable under Section 302 read with Section 34 of IPC against the petitioner. It is stated that said Mahadeva was done to death by three persons. As per substance of the complaint, complainant Shiva M., son of Mudda Mallegowda, it is stated that his brother was taken on 27.12.2016 at 7 a.m. to K.R.Pet and near Mandagere Mahadeva, the brother of the complainant was done to death and dead body wore injuries and complaint was lodged against the accused 1 to 3. Complainant states that 3rd person have murdered Mahadeva and complainant suspects Pradeepa, Praveen and Umesha who had accompanied the accused. Thus, the complainant has a reason to suspect the accused persons. Thus, in the complaint in first stretch states that Mahadeva was done to death by some persons. However, he states that he suspected the accused as Mahadeva was accompanied by the said persons.
3. The complainant does not whisper the place, time where the accused persons on that day were in the company of the accused.
4. Learned HCGP would submit that accused 1 and 3 floored Mahadeva and held him and accused No.2 who is petitioner drove the goods vehicle i.e., Bolero Jeep on him (Mahadeva).
5. I have also considered submission that the investigation is completed and the prosecution has reason to believe that two persons held Mahadeva and third accused drove the vehicle on the later and Accused No.1 hit the accused on head and other two persons were in control of the vehicle.
6. Petitioner has been in custody from 29.12.2016.
In the context and circumstances of the case and the claim of the prosecution, I am of the considered view that there is no impediment to grant bail.
7. Hence, the criminal petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.283/2016 registered by Kikkeri Police Station, Mandya, subject to the following conditions;
i) The petitioner-accused shall execute a personal bond for `2,00,000/- with a solvent surety owning and possessing immovable properties for the likesum.
ii) The petitioner-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
iii) The petitioner-accused shall not leave the territory of the trial Court without prior permission till the completion of the trial.
iv) The petitioner-accused shall mark his attendance before the Investigating Officer of the above case on first Saturday at 9.00 p.m. until further orders by the Trial court.
Sd/- JUDGE SBN