IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6681/2019 BETWEEN RATHEESH M KARKERA S/O. LATE. MAHABALA KARKERA AGED 34 YEARS R/AT SAI RADHA PRIDE WING 401, BRHAMAGIRI, UDUPI. PERMANENTLY R/AT NIDHI HOUSE, NEAR CHURCH TOTTAM TENKANIDIYOOR VILLAGE UDUPI TALUK – 576 101 ... PETITIONER (BY SRI. K. SHASHIKIRAN SHETTY., SENIOR ADV. FOR SMT. LATHA S. SHETTY., ADVOCATE) AND STATE OF KARNATAKA STATE BY KOTA PS BRAHMAVAR CIRCLE, UDUPI REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU -560 001. … RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.15/2019 OF KOTA P.S., UDUPI, FOR THE OFFENCE P/U/Ss. 120 (B), 143, 147, 148, 449, 342, 504, 323, 324, 506, 307, 302, 212, 201 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A- 16) and the learned HCGP for the Respondent–State. Perused the records.
2. The petitioner is arraigned as Accused No.16 in Crime No.15/2019 of the respondent-Kota Police Station for the offence punishable under Sections 120 (B), 143, 147, 148, 449, 342, 504, 323, 324, 506, 307, 302, 212, 201 R/W 149 OF IPC, which is now pending on the file of the Additional District and Sessions Judge (Jr.Dn.) and JMFC at Kundapura.
3. The brief facts of the case are that, the complainant (CW.1) and Accused Nos. 1, 2 & 3 are the neighbours and some construction was put-up by Accused Nos. 1 to 3 would affect the water in the well situated in his property. Therefore, in this context, there were differences between Accused Nos. 1 to 3 and CW.1. It is alleged that on 26.6.2019 at 11.00 p.m, the Accused Nos. 1 to 8 gathered themselves in front of the house of the complainant and forming themselves into an unlawful assembly, assaulted the deceased, who is no other than the brother of CW.1 and caused severe injuries, who succumbed to the injuries later. Accused No.9 who was also present at the time of the incident has approached this court for grant of bail in Crl.P. No.2627/2019 and this Court has granted bail to him vide order dated 16.07.2019 on the ground that the overt acts have been specifically alleged against Accused Nos. 1 to 8, and though the presence of Accused No.9 is admitted, but no overt-act against him has been alleged and Therefore, he was released on bail.
4. It is seen from the records that Accused No.16 stands on the better footing than that of Accused No.9. In fact, he was not present at the time of the incident and there was no allegation of conspiracy between this petitioner and Accused Nos. 1 to 8 prior to the incident. The only allegation against the petitioner/accused is that, he harboured the other accused persons (assailants) for some time in order to screen them from the clutches of the police. Except that, there are no specific allegations with regard to his presence, overt- act and conspiracy. Therefore, in my opinion, the petitioner is entitled to be enlarged on bail on certain conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A16)-Ratheesh M.Karkera shall be released on bail in connection with Crime No.15/2019 of Kota Police Station, Udupi, registered for the alleged offences, now pending before the court of the Addl. Civil Judge (Jr.Dn.) and JMFC at Kundapura, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper 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, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*