IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO. 4698/2017 Between:
1. Sainath Poojari S/o Thimmappa Poojari Aged about 26 years R/at # 105, 21st Main Marenahalli, J.P.Nagar II Stage, Bengaluru – 560 078.
2. M. Prakash S/o Munivenkatappa Aged about 47 years R/at #12, 15th Cross 6th Main, Lakkasandra Bengaluru – 560 027.
(By Sri Lakshmikanth. K, Advocate) And State of Karnataka By Mico Layout Police Station Bengaluru – 560 076 Rep. by Government Pleader High Court of Karnataka …Petitioners Bengaluru – 560 001 …Respondent (By Sri Chetan Desai, HCGP) This criminal petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.1019/2016 of Mico Layout Police Station, Bengaluru City for the offence punishable under sections 143, 144, 148, 120(B), 114, 109, 201, 302 r/w 149 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners (accused Nos.5 and 6 respectively) along with co-accused are chargesheeted by the respondent-police in respect of the offences under sections 143, 144, 148, 120(B), 114, 109, 201, 302 r/w 149 of IPC.
3. Learned counsel for the petitioners submits that the petition so far the petitioner No.1(accused No.5) is concerned may be dismissed as withdrawn. The submission of learned counsel is placed on record.
4. The allegation of the prosecution is, on the night hours of 09.12.2016 the accused Nos.1 to 5 assaulted deceased-Sunila @ Sunil with long on his back and chest; In his effort to ward of the attack the deceased rushed to Trupti Bar & Restaurant; He was chased; Accused Nos.2 to 4 assaulted him with their long and knife and on see public gathering at the spot, accused No.1 threw a bottle inside the Restaurant to threaten them and escaped in a Auto rickshaw. Thereafter, accused No.1 contacted accused No.6 and also accused No.7 who is in judicial custody over phone and informed about the murder of deceased.
5. The petitioner No.2 (Accused No.6) was not at the spot when the offence was committed. He is alleged to be an abettor, who advanced supari amount of Rs.25,000/- to accused No.1 and 2, to cause murder of the deceased, which allegation is yet to be proved by the circumstantial evidence during the trial. In the circumstances of the case, the petition is partly allowed.
The petition so far petitioner No.1 (accused No.5) is dismissed as withdrawn.
The petition of petitioner No.2 (accused No.6) is allowed. Petitioner No.2 is enlarged on bail in connection with Crime No.*1019/2016 registered by the respondent Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one local surety for the likesum to the satisfaction of the concerned Court;
* Corrected v/o dt.7.8.2017 (ii) He shall attend the Court regularly on all hearing dates;
(iii) He shall not prevail upon or threaten the prosecution witnesses;
(iv) He shall not indulge himself in any criminal activities.
Sd/- JUDGE DL