IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6964/2017 Between:
1. Rakhesh @ Raku, S/o Late Mansingh, Aged about 21 years, R/at Chuncghatta Main Road, Near Carmel Jyothi School, Beereshwara Nagar, Bengaluru – 560062.
2. Devaraj, S/o Chennigaiah, Aged about 27 years, R/at Mallige Mettalu village, Maralawadi Hobli, Kanakapur Taluk, Ramanagar District, Pin Code : 562 159.
(By Sri B.V.Pinto, Advocate for Sri Siddeshwara, Advocate) And The State of Karnataka, By Subramanyapura P.S., …Petitioners Represented by SPP., High Court of Karnataka, Bengaluru – 560 001.
…..Respondent (By Sri Vishwamurthy, HCGP) This criminal petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioners on bail in Cr.No.650/2016 (S.C.No.352/2017) of Subramanya- pura P.S., Bengaluru, for the offence P/U/S 143, 144, 147, 148, 341, 302, 120B R/w 149 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
2. The petitioners (A4 and A6) along with others are chargesheeted by the respondent-police in respect of the offences punishable under Sections 143, 144, 147, 148, 341, 302, 120(B) r/w Section 149 of IPC.
3. The allegation is, in pursuance of a previous dispute against the deceased, accused No.1 and 7 have designed to finish him off and accused No.1 was entrusted the mission for a bounty of two lakh rupees. On 23.10.2016 during the morning hours, accused No.1 to 6 assaulted the deceased with lethal weapons and done him to death.
4. Learned counsel for the petitioners submits that the first petitioner/accused No.4 was arrested on 23.01.2017 and the second petitioner/accused No.6 was arrested on 01.10.2017. The complainant is the neighbourer of the deceased and has stated that five to six persons chased the deceased and assaulted him indiscriminately. The statement of CW2 another eyewitness was recorded on 24.10.2016. He also did not cite the names of any of the assignees. CW3’s statement was recorded on 23.11.2016, wherein he named both the petitioners. The Investigating Officer in the remand application, relied on the statement of CW2, but CW2 had never cited the names of these petitioners. No material connecting the petitioners to the alleged crime is recovered at their instance. The shirt allegedly belonging to this petitioner is seized at the instance of accused No.2. One motorbike and mobile phone, which are his own properties, are seized from accused No.6. During the investigation accused No.6 was not named in the remand application. One Chandan was shown as absconding accused, but he is given up in the chargesheet. At this stage no prima-facie case is made out against the petitioners in respect of the homicidal death of the deceased.
5. Learned HCGP while opposing the petition, pointed towards the CC TV coverage and also the report of the FSL, wherein the CC TV coverage of the alleged incident was analyzed.
6. Perused the chargesheet papers. The materials collected through CC TV coverage is a matter to be gone through by the concerned Court during the course of evidence. For the present, it is sufficient to note that the petitioners were not named by the complainant who is an eyewitness to the incident or CW2, whose statement is recorded on 24.10.2016. Co-accused Nos.5 and 7 are enlarged on bail by the order of this Court in Crl.P.No.2105/2017.
Since the investigation is completed, there is no impediment to allow the petition. Accordingly, the petition is allowed. Petitioners are enlarged on bail in Cr.No.650/2016 registered by the respondent-police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) each with two local sureties for the likesum to the satisfaction of the concerned Court; sureties shall furnish their original title deeds pertaining to the immovable properties and their respective Identity Cards/Aadhaar Cards before the Court for verification;
(ii) They shall attend the Court regularly on all hearing dates;
(iii) They shall not prevail upon or threaten the prosecution witnesses.
Sd/- JUDGE MR