IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL PETITION NO.1089 OF 2019 & CRIMINAL PETITION NO.1090 OF 2019 IN CRIMINAL PETITION NO.1089 OF 2019 BETWEEN RAVI @ VADAVADA S/O. ANAND, AGED ABOUT 36 YEARS, RESIDING AT NO.375, 6TH MAIN, NEW BAGALUR LAYOUT, BENGALURU – 560 084.
(BY SRI VEERANNA G. TIGADI, ADVOCATE) IN CRIMINAL PETITION NO.1090 OF 2019 BETWEEN MANGESH S/O. ARVIND K.R., AGED ABOUT 28 YEARS, RESIDING AT NO.1, CLARKPET, C. STREET, ARAMSTRONG ROAD CROSS, BHARATHINAGAR, BENGALURU – 560 001.
(BY SRI VEERANNA G. TIGADI, ADVOCATE) ... PETITIONER ... PETITIONER AND THE STATE OF KARNATAKA BY K.G. HALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
... RESPONDENT (COMMON IN BOTH PETITIONS) (BY SRI K.P. YOGANNA, HCGP) THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.329/2017 (C.C.NO.52837/2018) OF KADUGONDANA HALLI POLICE STATION, BANGALORE CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 302, 120B READ WITH 149 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER These two petitions are disposed off by this common order.
2. The petitioner in Criminal Petition No.1089/2019 is accused No.7 and the petitioner in Criminal Petition No.1090/2019 is accused No.9.
3. The petitioners are accused Nos.7 and 9 in Crime No.329/2017 of K.G. Halli Police Station pending on the file of XI Addl. CMM, Mayohall, Bengaluru, for the offences punishable under Sections 143, 147, 148, 302, 120(B) read with Section 149 of IPC.
4. The case of the prosecution is that, on 23.06.2017, these accused persons alongwith accused Nos.1 to 6 said to have committed the murder of Palani at 7.30 a.m. by assaulting him with deadly weapons. These petitioners watched the movements of the deceased and have given information to the other accused. Thereby, the other accused persons committed the murder of Palani.
5. Learned counsel for the petitioners submitted that other accused persons were granted bail by this Court except accused No.1 and in this regard, the learned counsel for the petitioners also produced the copies of the bail orders passed by this Court in Criminal Petition Nos.10004/2017, 10008/2017, 1902/2018, 1903/2018.
Hence, prayed for grant of bail on the ground of parity.
6. On the other hand learned High Court Government Pleader objected the bail petitions.
7. Perused the orders passed by this Court by allowing the bail applications filed by the other accused persons. These petitioners-accused Nos.7 and 9 have watched the movements of the deceased and have given the information to the other accused. Thereby, the other accused persons committed the murder of the deceased. The co-accused who have involved in the crime by assaulting the deceased were granted bail. The allegation against these petitioners are not trivial than those accused persons. The charge-sheet also came to be filed by the Police. After completion of investigation, the matter is pending committal to the Court of Sessions. The petitioners-accused Nos.7 and 9 are not required for any further investigation.
8. On the ground of parity and that the allegations against these petitioners are not so heinous than those against other accused persons, these petitioners are entitled for grant of bail. Hence, the Criminal Petitions deserve to be allowed.
9. Accordingly, both the Criminal Petitions are allowed.
The petitioners-accused Nos.7 and 9 are ordered to be released on bail, in Crime No.329/2018 of K.G. Halli Police Station for the offences punishable under Sections 143, 147, 148, 302, 120(B) read with Section 149 of IPC, subject to the following conditions:-
(i) Petitioners-accused Nos.7 and 9 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the trial Court/Committal Court;
(ii) Petitioners shall not indulge in similar offences strictly;
(iii) Petitioners shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioners shall not leave the jurisdiction without prior permission of the trial Court, and (v) Petitioners shall mark their attendance before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every Monday for a period of six months or till commencement of trial whichever is earlier.
Sd/- JUDGE GBB