IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7922/2019 BETWEEN RAVIKUMAR @ RAVI S/O SIDDABASAVAYYA AGED ABOUT 32 YEARS R/AT SIDDIAHANA PALYA VILLAGE BYALEKERE, MAGADI TALUK, RAMANAGARA DISTRICT – 562 127 (BY SRI. K. LAKSHMIKANTH, ADVOCATE) AND 1. STATE OF KARNATAKA BY SHO, MAGADI POLICE STATION RAMANAGARA DISTRICT REP. BY GOVERNMENT PLEADER HIGH COURT BUILDING BENGALURU CITY – 560 001 2. SRI. SWAMY. M S/O LATE MUNIYAPPA AGED ABOUT 30 YEARS R/AT MANAGALLU VILLAGE MADABALU HOBLI, MAGADI TALUK RAMANAGARA DISTRICT – 562 127 ... PETITIONER (BY SRI. HONNAPPA, HCGP FOR R1 NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 16.12.2019 ) … RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.119/2019 OF MAGADI POLICE STATION, RAMANGARA FOR THE OFFENCE P/U/S 302, 201, 363, 114, 120-B R/W SEC-34 OF IPC AND SEC.3(2),5(A) OF SC/ST ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Notice to be issued to the complainant is dispensed with, since it is submitted that, both the petitioner and the complainant belongs to the same caste.
2. Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
3. The petitioner is arraigned as Accused No.6 in the charge sheet in connection with Crime No.119/2019, filed by the respondent- Magadi Police Station for the offence punishable under Sections 302, 201, 363, 114, 120(B) r/w 34 of IPC and Section 3(2)(5A) of SC & ST Act. After committal, the said case was registered as CC No.73/2019, which is now pending before the Court of I- Addl. District and Sessions Judge, Ramanagara.
4. The brief facts of the case of the prosecution are that, there were some disputes among Accused Nos.
1 to 4 and the deceased, regarding marriage of the deceased Ravi. The deceased Ravi wanted to marry a a girl by name Ashwini. Accused No.4 is none other than the brother of the said girl Ashwini and he was not willing to give his sister -Ashwini in marriage to the the deceased Ravi, because, Accused No.4 was not having good opinion about the conduct of the deceased Ravi. Knowing fully well that the Accused No.4 is not agreeable for his marriage with Ashwini, the deceased Ravi continued the love affair with the Ashwini, the sister of deceased Ravi. Therefore, it is alleged that the accused persons conspired with each other to do away with the life of the deceased Ravi and in that context, on 30.06.2019, Accused Nos. 1 to 3 met the deceased Ravi, picked up quarrel and assaulted him with a Hockey Stick and chopper etc., In fact, some of the witnesses tried to resolve the dispute. But, thereafter, the Accused Nos. 1 to 3 have lifted the said Ravi and took him forcibly in an autorikshaw towards the place called Bychapura. Thereafter, the deadbody of the deceased found under the bridge at Belagumba.
5. On the above said allegations, a complaint came to be lodged before the respondent-Police and the same was registered in Crime No.119/2019. After investigation, the said police filed the charge sheet.
6. The records reveal that, the petitioner’s name does not find place either in the First Information Report or in the statement of the so-called eyewitnesses, who have actually seen the accused persons viz., Lokesh, Srinivasa, Udayakumar, Nagesh, Ravikumar, Nagendra, Chowdaiah, assaulting the deceased and thereafter lifting him in an autorikshaw. But none of the eyewitnesses have stated about the participation of this petitioner in the alleged incident. But, it appears subsequently on the basis of the voluntary statement of Accused Nos.1 to 4, the name of this petitioner has also been incorporated in the charge sheet and the alleged recovery of some incriminating articles is also only from Accused Nos. 1 to 4.
7. In the above said facts and circumstances of the case, the aspect of the alleged conspiracy to commit the alleged offence and the role of this petitioner in the alleged incident, have to be established during the course of full dressed trial. Further added to that, it is submitted that Accused No.5, who stands on the same footing as that of this petitioner (A6), has already been released on bail by this Court vide order dated 11.12.2019 passed in Criminal Petition No.8125/2019. Therefore, this petitioner is also entitled to be enlarged on bail on the ground of parity. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A6) shall be released on bail in connection with Crime No.119/2019 of Respondent-Magadi Police Station, Ramanagara District, for the aforesaid offences, now pending before the court of I-Addl. District and Sessions Judge, Ramanagara, 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 two sureties 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*