IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.3168/2019 Between:
1. Raghunath T @ Raghu, S/o late Takur Singh, Aged about 41 years, Working at Media, Residing at Thunganagara, Opposite to Water Tank, Shivamogga – 577 201.
2. Venkatesh S.K., S/o Kariyappa, Aged about 52 years, Writer at Malnad Media Club, Residing at Hudco Colony, Shivamogga, Permanent resident of Vinobangar, Near Saibaba Temple, Sagar Town. …Petitioner (By Sri. K.V. Sateeshchandra, Advocate) And:
The State By Sub-Inspector of Police, Thungara Police Station, Shivamogga.
Represented by :
State Public Prosecutor, High Court Complex, Bengaluru – 560 001. …Respondent (By Sri. Nasrulla Khan, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in Crime No.853/2018 (C.C.NO.992/2019) of Tunga Nagar P.S., Shivamogga District for the offence punishable under sections 143, 144, 147, 148, 302, 504, 506, 120B, 115 read with 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners who are arrayed as accused No.8 and 9 in Crime No.853/2018 registered at Tunga Nagara police station for the offences punishable under Sections 143, 144, 147, 148, 504, 302, 506 & 115 read with Section 149 of IPC have preferred this petition seeking regular bail. Investigation has been completed and charge sheet has been filed against accused Nos.1 to 9 for the offences punishable under Sections 143, 144, 147, 148, 504, 302, 506, 115 & 120 (B) read with Section 149 of IPC.
2. The complainant is the sister of the deceased by name Balakrishna @ Bunk Balu. The case of the prosecution is that due to enmity, on 23.12.2018, at about 8.30 p.m., accused Nos.1 to 4 namely Ambu @ Anil, Praveena, Darshan, Chikkal Ramesh and others by holding sickle and longs assaulted the deceased telling that even though they have informed him not to visit Shivamogga, he has visited Shivamogga. The said assault was made at the instigation of one Motte Satisha.
3. Initially case was registered against accused Nos.1 to 5 and other persons. Petitioner No.1 who is arrayed as accused No.8 came to be arrested on 29.12.2018 and petitioner No.2, arrayed as accused No.9 came to be arrested on 06.01.2019.
4. The learned counsel for the petitioners would contend that the only allegation against these petitioners is that they have informed the whereabouts of the deceased to the other accused persons and that was revealed on the further statement of the complainant. He submits that other accused persons namely accused Nos.5, 6 and 7 are already enlarged on bail and accordingly, he seeks to allow the petition.
5. Per contra, the learned High Court Government Pleader opposes the grant of bail to the petitioners contending that in the event of grant of bail to the petitioners, they may misuse the liberty granted to them and they may tamper with the prosecution witnesses. Accordingly, he seeks to dismiss the petition.
6. The names of these petitioners are not found in the First Information Report. On the basis of the further statement of the complainant, the petitioners are said to be arrayed as accused Nos.8 and 9 respectively. The allegation against the petitioners is that they informed the other accused the whereabouts of the deceased. Charge sheet is already filed. Admittedly, accused No.5 has been granted anticipatory bail by this Court in Crl.P.No.734/2019 vide order dated 15th March, 2019.
7. Considering the above facts and circumstances of the case, I am of the view that the petitioners may be enlarged on bail. Accordingly, I pass the following:-
ORDER 1. The petition is allowed;
2. The petitioners shall be released on bail on executing a personal bond each for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties each for the likesum to the satisfaction of the trial Court/Committal Court;
3. The petitioners shall not tamper with the prosecution witnesses or hamper the case of the prosecution in any manner; and 4. The petitioners shall be regular in attending the Court proceedings.
5. The petitioners shall not involve in any criminal activities.
6. If any of the conditions are violated, then the prosecution is at liberty to move for cancellation of this bail order.
Sd/- JUDGE DS