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 CRL.P. NO. 4216/2019 BETWEEN RAVEESHA S/O GANGANNA AGED 30 YEARS R/AT SHETTIGERE VILLAGE KOTHAGEREHOBLI KUNIGAL TALUK TUMKUR DISTRICT 572130 ... PETITIONER (BY SRI. SHARATH S GOWDA , ADVOCATE) AND STATE OF KARNATAKA KUNIGAL POLICE STATION KUNIGAL -572130 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BUILDING BENGALURU-560001 …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.394/2018 OF KUNIGAL POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S.302 R/W SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A2) and the learned HCGP appearing for the respondent- State. Perused the records.
2. The allegations made against the petitioner in brief are that, a person by name Somanna S.K. has lodged a complaint stating that, on 18.10.2018 the complainant and his cousin brother Prakash had been to Gubbi and when they were coming back from Gubbi on a motor cycle, and reached near Veerabhadra Swamy temple, one person by name Gangadhar asked lift to his place called Gowdayyana Palya. Therefore, they took that person also on their motor cycle. The said Gangadhar was sitting as a second pillion rider. When they reached near Gowdayyana Palya, Accused Nos. 1 & 2, who were standing along with a motor cycle, on seeing the deceased Gangadhar, Accused No.1 came from the back side and pulled the deceased from the motor cycle with the help of a towel and thereafter, both the accused persons have assaulted the deceased with an iron-bangle and a stone. Thereafter, the said Gangadhar was shifted to hospital, but by that time, he breathed last. It is stated that, the complainant himself is an eyewitness to the incident in question. But, this court considering the facts and circumstances of the case, has already enlarged Accused No.1 on bail. Though, I am of the opinion that, when the eyewitness to the incident is readily available, it may not be possible to enlarge the petitioner (A2) on bail, but this Court has already released Accused No.1 on bail, therefore, the petitioner herein (A2) is also entitled to be enlarged on bail on the ground of parity. Therefore, on that ground alone, the petition has to be allowed. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner (A2)-Raveesha shall be released on bail in connection with CC No.1/2019 (Crime No. 394/2018 of Kunigal P.S.) registered for the offence punishable under Section 302 r/w. 34 of IPC, now pending on the file of I Additional District and Sessions Judge at Tumakuru, 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 likesum to the satisfaction of the concerned trial Court.
ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
iii) The petitioner shall not tamper with the evidence or influence any of the witnesses, in any way.
iv) The petitioner shall not indulge in any criminal activities of like nature.
v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
vi) The petitioner shall not enter Shettigere Village, Kunigal Taluk, till conclusion of the trial except with prior permission of the trial Court.
vii) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
KGR* Sd/-
JUDGE