IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6303 OF 2019 BETWEEN:
PRASHANTH @ KENCHA S/O RAMAKRISHNAGOWDA AGED ABOUT 25 YEARS R/AT. No.128, THOPPANAHALLI VILLAGE MADDUR TALUK, MANDYA DISTRICT-571420.
… PETITIONER (BY SRI. LAKSHMIKANTH K, ADV.) AND:
STATE OF KARNATAKA BY JNANABHARATHI POLICE STATION BENGALURU REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-01.
(BY SRI. ROHITH B.J. HCGP) - - -
… RESPONDENT This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in CR.No.230/2018 of Jnanabharathi Police Station, Bengaluru City for the offence P/U/S 143, 144, 147, 148, 120-B, 504, 302, 307 R/W Sec.149 of IPC and Sec.25(1)(B)(b) of Arms Act of 1956.
This Petition coming on for Orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent- State and perused the records.
2. Petitioner is arraigned as accused No.4 in Crime No.230/2018 which is later culminated into C.C.No.30158/2018 and after committal, Sessions Case has been registered in SC No.464/2019 pending on the file of 66th Addl. City Civil and Sessions Judge (CCH-67), Bengaluru.
3. The brief facts of the case are that on 15.08.2018 at about 1.30 p.m., the complainant received an information that the deceased by name Pratap was assaulted by Aruna and some other persons. Immediately, complainant went and saw the deadbody of the deceased Pratap which was lying on the 4th main road junction near Jnanabharathi, Bengaluru. It is also the case that one Kiran and Nayan Kumar have informed about the said incident to the complainant. The police, on the basis of the said information, investigated the matter and laid the charge sheet.
4. Learned counsel for the petitioner submitted that in this case, accused No.5 who stands on the same footing as that of the petitioner, was also released on bail by this Court vide orders dated 03.09.2019 in W.P.No.8248/2018.
5. On careful perusal of the statements of the eye witnesses and also the entire charge sheet papers, the statements of the eye witnesses were recorded on the next day of the incident. They have stated that on that particular date, at the time of incident accused No.3 assaulted on the head of the deceased with long and due to that, the deceased sustained severe head injuries and fell down. Thereafter, accused also assaulted on the face of the deceased and also another person assaulted on the head of the deceased and accused No.5 who is released on bail, has assaulted on legs of the deceased. It is also seen that in the first information report, the name of the petitioner is not available and afterwards the name of the petitioner has been incorporated on the basis of the statement of the eye witnesses.
6. Looking to the above said statements of eye witnesses and the nature of allegations made and considering the facts of the case and the situation that in the FIR, the complainant has stated some of the names of the accused persons and thereafter, stated that others were also involved in the case and the name of the petitioner also surfaced at the time of filing of the charge sheet, therefore, the presence and overt acts of this petitioner has to be established during the course of trial as the petitioner also stands on the same footing as that of the accused No.5 who has already been released on bail by this Court. In my opinion, on the ground of parity, this petitioner is also entitled to be enlarged on bail on the same conditions. Hence, the following order:
The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with SC No.464/2019 pending on the file of 66th Addl. City Civil and Sessions Judge (CCH-67), Bengaluru, registered for the offence punishable under Sections 143, 144, 147, 148, 120-B, 504, 302, 307 r/w Section 149 of IPC and Section 25(1)(B)(b) of Arms Act, 1959 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 two sureties 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 RV