IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.3886/2019 BETWEEN:
RAGVENDRA @ RAGHU, S/O GUNDAPPA, AGED ABOUT 35 YEARS, NO.13, KRISHNAPPA VOTTARA, GAVIPURAM GUTTAHALLI, BANGALORE-560019.
... PETITIONER (BY SRI SIRAJUDDIN AHMED, ADVOCATE) AND:
STATE BY KEMPEGOWDA NAGAR P S, REPTD. BY High Court Government Pleader, HIGH COURT BUILDING.
BANGALORE CITY-560001.
(BY SRI HONNAPPA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.28/2013 (S.C.NO.640/2019) REGISTERED BY KEMPEGOWDA NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 448 AND 302 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is arraigned as accused No.1 in S.C.No.640/2019. It is pertinent to note that a case has been registered against some unknown persons with reference to a murder case on the allegations that on 19.3.2013 between 10.00 a.m. and 12.30 p.m., some unknown persons wrongfully entered house No.43/1 knowing fully well that Smt. Manasa, aged 28 years, was residing alone in the said house and the accused persons have strangled her neck with the help of a mobile charger wire and also killed her by means of smothering and snatched a gold chain from her and also a sum of Rs.1,20,000/-. Though a case was registered in the year 2013, but the petitioner was not traced and was shown as absconding. Subsequently, it appears that the petitioner was traced and he was arrested and produced before the Trial Court on 12.1.2019. On the basis of his voluntary statement, the jewels belonging to the deceased, which were sold through the assistance of one Sri Vijay, have been recovered. The said chain appears to have been identified by the deceased’s husband. Except the above said circumstance, it appears that there is no other circumstance available. During the course of trial, the said aspect has to be established with reference to recovery and as well as identification of the said chain belonging to the deceased. As there are no other bad antecedents reported against the accused and as the entire case revolves around the circumstantial evidence, in my opinion, the petitioner is entitled to be enlarged on bail, as the charge-sheet has already been filed and as he is no more required for any investigation. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.28/2013 (S.C.No.640/2019) of Kempegowda Nagar Police Station registered against him for the offences punishable under Sections 448 and 302 read with Section 34 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum 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 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 MD