IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No. 4910 OF 2019 BETWEEN:
Ramesh @ Jocky @ Blacky, Aged about 26 years, S.o Late Chandrappa, C/o Jayalakshmama’s House, Next to Mango Bunches, 9th Cross, Behind Muneshwara Temple, Thathaguni, Bengaluru-560 062. ... Petitioner (By Sri. Veeranna G Tigadi., Advocate for Sri. Shivaprasad S., Advocate) AND:
State of Karnataka, By Subramanyapura P.S., Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Sri. Honnappa., HCGP.) This Criminal Petition is filed under Section 439 of CR.P.C. praying to enlarge the petitioner on bail in CR.No.311/2018 of Subramanyapura Police Station, Bengaluru City for the offences Punishable under Sections 302, 201, read with Section 34 of IPC and Section 25(1b)(b), 27 of Arms Act, 1959.
This Criminal Petition, coming on for orders, this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and the learned HCGP for the respondent-state. Perused the entire charge sheet.
2. The brief facts of the case are that a person by name Sushanth @ Peyi and accused Nos. 1 to 3 were friends. In fact, accused No.2 often demanding some money from the said Sushanth. But he refused to pay any amount to the accused. Therefore, they have decided to do away with the said person. In this background, it is alleged that on 27.09.2018 in the night at about 11.00 p.m. the accused persons took the deceased along with them behind Iscon temple and in Sy.No.56/57 in the land of one M.L.Shankar, accused No.1 asked the said Sushanth to show a person by name Ravi. But he refused for the same. In that context, it is alleged that accused No.2 has stabbed the deceased and accused No.3 also assaulted the deceased with a chopper and accused Nos. 2 and 3 also hit a stone on the head of the deceased person.
3. Considering the above-said facts and also considering the statements of the so called eye witnesses CWs. 2 and 3, this Court has tentatively observed that the statement of CWs. 2 and 3 does not tally with the allegations made in the charge-sheet. Their statements have been recorded after a long laps of time and further added to it, the accused persons were nabbed by the police and identification was done in the police station. Therefore, substantial identification requires to be done.
4. In the above-said facts and circumstances of the case, as the accused No.1 who stood on the same footing as that of the petitioner has already been released on bail. Therefore, on the ground of parity, this petitioner is also entitled to be enlarged on bail on similar conditions. Hence the following:
ORDER The petition is allowed. Consequently, the petitioner shall be enlarged on bail in Crime No. 311/2018 of Subramanyapura PS, for the offences punishable under Sections 302, 201 read with Section 34 of IPC and Section 25(1b) (b) and 27 of Arms Act, 1959, subject to the following conditions:
(i) The petitioner shall execute a personal bond for sum of Rs. 1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall mark his attendance once in a month before the concerned SHO till completion of trial.
(iii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iv) The petitioner shall not tamper with evidence, influence in any way any witness.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) The petitioner shall not indulge in any other criminal activities of like nature.
(vii) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Sd/- JUDGE Cm/-