IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.2434/2017 BETWEEN:
PRAKASH H @ MULLA S/O LATE HANUMANTHARAYAPPA AGED ABOUT 32 YEARS RESIDING AT NO.315 6TH CROSS, MARIYAPPANAPALYA RAJAJINAGAR, BENGALURU-560 010 ... PETITIONER (BY SRI RAMESHA H N, ADV.,) AND:
THE STATE OF KARNATAKA BY MALLESHWARAM P.S. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 ...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.169/2016 OF MALLESHWARAM POLICE STATION, BENGALURU CITY AND C.C.NO.25384/2016 WHICH IS REGISTERED FOR THE OFFENCE P/U/S 143, 147, 148, 307, 302 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.5 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 143, 147, 148, 307, 302 read with Section 149 of IPC registered in respondent – police station Crime No.169/2016.
2. Brief facts of the prosecution case as per the complaint averments that the brother of the deceased lodged the complaint, wherein he has made the averments that Shiva and his nephew Vijay and Prakash went to Byrava Bar and Restaurant at Rajajinagar and after consuming the alcohol, when they were standing outside of the said Bar near beeda shop, 5-6 unknown persons picked up quarrel with them and they pelted the stones against the informant and deceased and caused bleeding injuries and when the informant and the deceased went in an autorickshaw for getting the treatment for injury at K.C.General Hospital and after getting the treatment when they came out of the hospital at about 11.45p.m., the said unknown persons, who followed them, came with deadly weapons and they dragged the informant and deceased to eastern gate of K.C.General Hospital and by assaulting the deceased on the head by chopper, murdered the deceased Dharma and one of the assailant with an intention of killing the informant, assaulted him by chopper on the head. On the basis of the said complaint, firstly case came to be registered against 5-6 unknown persons and during the course of investigation, petitioner has been arrayed as accused No.5.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.5 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint, so also the charge sheet material, and other materials produced along with the petition.
5. Looking to the averments made in the complaint, there are no specific allegations as against the petitioner about any overt-act alleged to have been done by the petitioner. The FIR was also registered against six unknown persons, even after completing the investigation and filing of the charge sheet, the only allegation as against the petitioner is that he caught hold the complainant tightly and facilitated the other accused persons to assault the deceased Dharma. Hence, it shows that the petitioner has not at all done any overt-act as against the deceased Dharma. Now the investigation is completed and charge sheet has been filed. In the bail petition, petitioner has contended that he is innocent and not involved in committing the alleged offence, he has been falsely implicated in the case and he has also undertaken to abide by any conditions to be imposed by this Court. Hence, I am of the opinion that by imposing reasonable conditions, petitioner can be enlarged on bail.
6. Accordingly, petition is allowed.
Petitioner/accused No.5 is ordered to be released on bail in connection with Crime No.169/2016 registered for the above said offences, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE BSR