IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6913/2017 BETWEEN:
1. SANJAY S. @ THENGA S/O SHANKAR AGED ABOUT 18 YEARS 7TH CROSS, C/O KUPPAMAMA’S RENTED HOUSE CHOLOURPALYA MAGADI ROAD, BENGALURU – 560 023.
2. SAGAR S/O VENKATESH AGED ABOUT 21 YEARS R/AT NO.4TH CROSS KENGUNTE AREA SMT.JAYAMMA’S RENTED HOUSE MALLATHALLI NEAR AMBEDKAR COLONY BENGALURU – 560 091. …PETITIONERS (BY SRI K.LAKSHMIKANTH K., ADV.) AND:
STATE OF KARNATAKA BY VIJAYANAGARA POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR 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 CR.NO.234/2016 OF VIJAYANAGAR POLICE STATION, BENGALURU CITY AND S.C.NO.1029/2016 PENDING ON THE FILE OF THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-67), FOR THE OFFENCES P/U/S 143, 144, 147, 148, 302, 398 R/W 34 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 appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent.
2. The petitioners/accused (Accused Nos.4 and 5) along with co-accused are charge sheeted by the respondent-police in their Cr. No.234/2016 for the offences und0er sections 143, 144, 147, 148, 302, 398 r/w section 34 of IPC.
3. The allegation is, eleven accused persons formed unlawful assembly armed with deadly weapons purporting to prosecute their enmity against the deceased Harsha. They assaulted him on the night of 27.4.2016 with lethal weapons. Each of them is said to have assaulted the deceased with a long having wooden handle. These petitioners were not cited in the FIR and their names were not referred to during the inquest mahzar. The statements of the eye witnesses were recorded on 2.5.2016 and these petitioners were arrested on 1.5.2016. On 2.5.2016 on the voluntary statement of these petitioners, the motor cycle and one long with wooden handle is said to have been recovered at their instance. The weapon is not subjected for chemical analysis test perhaps for the reason that there was no blood stain on the weapon. Some of the co-accused who stand on the similar pedestal are enlarged on bail by the order of this court in Criminal petition Nos.7480/2016, 780/2017 and 2701/2017. In the given circumstance, there is no impediment to allow the petition.
Accordingly, the petition is allowed. The petitioners are enlarged on bail in Crime No.234/2016 registered by the respondent – police subject to following conditions:
1) Each of them shall execute a self bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned court.
2) They shall attend the court on all the dates of hearing regularly and punctually.
3) They shall not threaten or prevail upon the prosecution witnesses.
Dvr:
Sd/- JUDGE