IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8023/2019 BETWEEN:
PRAJWAL @ GUNDA S/O LATE VENUGOPAL, AGED ABOUT 19 YEARS, R/AT NO.25, NEAR GANESH TEMPLE, HOYSALA NAGAR, GOVINDAPPA BAKERY ROAD, SUNKADKATTE, BENGALURU.
(BY SRI: MANJUNATHA B V, ADVOCATE) AND THE STATE OF KARNATAKA BY MADANAYKANAHALLI POLICE STATION, NELAMANGALA CIRCLE, BENGALURU DISTRICT.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001.
(BY SRI: HONNAPPA, HCGP) ...PETITIONER ..RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.162/2019 OF MADANAYAKANAHALLY POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 413, 147, 148, 341, 302, 120-B, 114, 109 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, the learned HCGP for the respondent - State and perused the records.
2. Petitioner is arraigned as accused No.14 in the charge sheet filed by the respondent police for the offences punishable under sections 143, 147, 148, 341, 114, 302, 109, 120B and 149 IPC.
3. The brief facts of the case are that the complainant CW-1 Laxminarayana and other witnesses CW-7, 8 and 9, 10 and 24 were obstructing all the accused persons to construct a shed and encroach the Government Lands. In this context, on 20.02.2019, accused Nos.1 to 3 have encroached upon 15 guntas of Government Land and they felt that a complaint has been lodged by the complainant Laxminarayana and in this context, they hatched a conspiracy for the purpose of doing away with the life of the said person. In this context, accused Nos.1 and 3 have informed the same to accused Nos.2, 4, 6, 7, 8 and 9 and they hatched a conspiracy among themselves in the house of accused No.2 and thereafter on 15.04.2019, in the afternoon at 2.00 p.m., all the accused persons have formed into an unlawful assembly and went to Machohalli colony, Kebbahalli road, Anganawadi backside and found that deceased Laxminarayana was proceeding to his house on his two wheeler and the accused intercepted the same and accused No.1, 7, 11, 12, 13 and CW-1 and 2 who were holding deadly weapons with them assaulted Laxmi narayana on all parts of the body and thereafter, accused No.3 who was sitting in the Zen car also came out of the said car and assaulted the deceased. Accused Nos.2, 5, 6 and 10 also formed themselves into unlawful assembly. But the allegation against this petitioner(accused No.14) is that he was sitting in the car and watching any other public are coming towards the said place. Except that there is no specific allegation against this petitioner that he was also involved in assaulting the deceased and as noted in the charge sheet itself, he never participated in the conspiracy which was held in the house of accused No.2.
4. Under the above said circumstances, common intention against accused persons particularly, common intention in respect of this petitioner has to be established during the course of full-dressed trial, particularly with the accused persons firstly whether inspite of fully knowing well that the deceased would be done to death, the petitioner joined the hands with them.
5. Looking to the above said allegations and facts and circumstances of the case that the petitioner has not actually participated in the assault and charge sheer has already been filed, in my opinion, the petitioner has made out a case for grant of bail, particularly, under section 439 Cr.P.C. that there are eyewitnesses to the incident and they have also reiterated the same. The eyewitnesses never stated that accused No.14 also assaulted the deceased in any manner. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.162/2019 of Madanayakanahally Police Station, Bengaluru (CC No.1631/2019) for the offence punishable under sections 143, 147, 148, 341, 114, 302, 109, 120B r/w 149 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 one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering with 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.
*mn/-
Sd/- JUDGE