IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 BEFORE THE HON' BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.1878 OF 2017 BETWEEN:
1. S.N. GOPI S/O LATE NAGARAJ AGED ABOUT 36 YEARS, NO.1221, 8TH CROSS, 18TH MAIN, 1ST STAGE, 1ST PHASE, B.T.M. LAYOUT, BANGALORE - 560 029.
2. KARTHIK S/O ADHIKESHAV AGED ABOUT 28 YEARS, NO.02, R.R. LINE NEAR VEGETABEL MARKET, NEAR MARISWAMY ASHRAM KALASIPALYA, BANGALORE – 560 002.
... PETITIONERS (BY SRI V. LAKSHMI KANTH RAO, ADV.,) AND:
STATE OF KARNATAKA BY BANASHANKARI P.S.
REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001.
... RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.348/2016 OF BANASHANKARI POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/S 143, 144, 145, 147, 148, 427, 307, 302, 120(B) 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 petitioners and the learned High Court Government Pleader for the respondent- State.
2. The petitioners/accused Nos.7 and 8 along with accused Nos.1 to 6, 10 and 11 are charge sheeted by the respondent-Police in their Crime No.348/2016 for the offences punishable under Sections 143, 144, 145, 147, 148, 427, 307, 120(B), 302, 201, 150, 114 and 35 read with Section 149 of IPC.
3. The case of the prosecution is, in pursuance of their previous enmity with the deceased Avinash, accused Nos.1 and 10 decided to finish him off and they held conspiracy in the office of accused Nos.7 and 10 (along with co-accused). In pursuance of the same, on 2.12.2016 the deceased was assailed by the overt-act of accused Nos.1 to 4 and 11 etc. The specific role attributed to these petitioners is that they abetted the assailants to finish him off and facilitated them to broke the window glass of the Zen car on which the deceased was an inmate.
4. Perused the prosecution papers. There are eye witnesses, who would state about the complicity of these petitioners in the alleged incident, but after a delay of more than 15 days. Veracity of the statements of these witnesses is yet to be tested during trial. The investigation since complete, there is no impediment to enlarge the petitioners on bail.
5. Accordingly, petition is allowed. Petitioners are enlarged on bail in Crime No.348/2016 registered by the respondent-Police, subject to following conditions:
(i) They shall execute a self bond for a sum of Rs.5,00,000/- each with two sureties for the likesum to the satisfaction of the concerned Court. The sureties shall furnish their Aadhar Card and original title deed pertaining to their immovable property for perusal of the Court;
(ii) They shall attend the Court regularly on all hearing dates;
(iii) They shall not tamper the prosecution witnesses;
(iv) They shall not leave the jurisdiction of the Sessions Court;
(v) They shall mark their attendance on every alternate Tuesday during office hours before the SHO of the respondent-Police till conclusion of trial.
Sd/- JUDGE PB