IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8184 OF 2019 Between:
1. Raheem Ali S/o Ahmed Ali Aged about 20 years C/o Darshan Chengappa Line House Chembebelluru, Virajpet Taluk Kodagu District 572 218 2. Jeevan T.A. @ Tamilara Jeevan S/o Late Armugam Aged about 29 years Near Micro Station, Kodava Samaja Chikkapet, Virajpet Town and Taluk Kodagu District 571 128 (By Shri Gopalakrishnamurthy C., Advocate) And:
State by Virajpet Town Police Station Represented by its State Public Prosecutor High Court of Karnataka Bangalore – 560 001 (By Shri Rohith, B.J., HCGP) …Petitioners …Respondent This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioners on bail in Crime No.10 of 2019 registered by Virajpet Town Police Station, Kodagu for the offence punishable under section 302, 326 and 120B read with Section 34 of the Indian Penal Code.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard and perused the records.
2. Petitioners are arraigned as accused Nos.2 and 3 in the charge sheet filed by the respondent-Police arising out of Crime No.10 of 2019 for the offence punishable under Sections 302, 326 and 120B read with Section 34 of the Indian Penal Code. After committal, presently the case is pending before the II Additional District and Sessions Judge, Madikeri in SC No.5010 of 2019.
3. The entire charge-sheet reveals that the deceased Shafeek and the accused persons have some financial transactions between each other and in fact the accused No.1 has given a cheque in favour of the deceased in connection with the said transaction, they entered into an agreement with regard to sale and purchase of coffee. In this context, the accused No.1 has demanded for return of the said cheque. As the deceased declined for the same, it is alleged that accused Nos.1 to 3 have hatched a conspiracy to do-away with the life of the deceased Shafeek. Accordingly, on the above said date, all the accused persons had been to Manjunathnagar to the house of the deceased Shafeek and accused No.2 tried to catch hold of the deceased Shafeek; in the meantime, the accused No.1 said to have assaulted said Shafeek and stabbed the deceased with a knife who suffered serious injuries and succumbed to the injuries later. There is no role adverted insofar as accused No.3 is concerned except that he went along with the accused Nos.1 and 2. The accused Nos.1 and 2 also have not caught hold of the deceased but have just made an attempt, but in the meantime accused No.1 has stabbed. Therefore, the previous conspiracy that the accused Nos.2 and 3 were also having the knowledge that the accused No.1 would definitely kill the deceased and in spite of that they co-operated with accused No.1, has to be proved beyond reasonable doubt during the course of full-
fledged trial. The entire allegation is made against accused No.1, who actually assaulted the deceased with a dagger.
4. Under the above said circumstances, the petitioners, who are accused Nos.2 and 3 have made out a ground for grant of regular bail under Section 439 of the Code of Criminal Procedure as the investigation has already been completed and charge sheet has already been filed. Hence the following:
O R D E R Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.10/2019 registered by Virajpet Town Police Station, Kodagu for the offence punishable under Sections 302, 326 and 120B read with Section 34 of the Indian Penal Code, subject to the following conditions:
(i) Each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like- sum to the satisfaction of the jurisdictional court.
(ii) Petitioners shall not indulge in tampering the prosecution witnesses.
(iii) Petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) Petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
Sd/- JUDGE lnn