IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K N PHANEENDRA CRIMINAL PETITION NO.6270 OF 2019 AND CRIMINAL PETITION NO.6760 OF 2019 IN CRL.P. NO.6270/2019:
BETWEEN:
SANTHOSH K @ SANTHU, AGED ABOUT 23 YEARS, S/O KRISHNA REDDY, R/AT NO.632, 5TH CROSS, KRISHNA REDDY LAYOUT, ARAKERE BANNEUGHATTA ROAD, BENGALURU - 560 076. ...PETITIONER (BY SRI CHANDRAHASA RAI B, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY KONANAKUNTE POLICE STATION, BENGALURU REPT. BY STATE PUBLIC, PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560001. …RESPONDENT (BY SRI ROHITH B.J, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.398/2018 (S.C.NO.650/2019) OF KONANAKUNTE P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 120B, 143, 147, 148, 323, 307, 302 R/W 149 OF IPC AND SECTION 25.1(B) (b) OF ARMS ACT.
IN CRL.P.NO.6760/2019:
BETWEEN:
FAIROZ, S/O RASHID SHARIFF, AGED ABOUT 23 YEARS, R/AT 7TH CROSS, NEAR VINAYAKA BAR, GAREVIPALYA, HOSUR ROAD, BENGALURU – 560 029. ...PETITIONER (BY SRI MANU B S, ADVOCATE) AND:
STATE OF KARNATAKA, BY KONANKUNTE POLICE, REP. BY SPECIAL PUBLIC PROSEUCOTR, HIGH COURT COMPLEX, BANGALORE – 560 001. …RESPONDENT (BY SRI MAHESH SHETTY, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.398/2018 (S.C.NO.650/2019) OF KONANAKUNTE P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 120B, 143,147,148,323,307,302, R/W 149 OF IPC AND SECTION 25.1(B) (b) OF ARMS ACT.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in Crl.P.No.6270/2019 is arraigned as accused No.13 and the petitioner in Crl.P.No.6760/2019 is arraigned as accused No.9 in Crime No.398/2018 of Konanakunte Police Station which later culminated in the charge sheet in C.C. No.4446/2019 and after committal it registered as S.C. No.650/2019, now pending on the file of LVIII Additional City Civil and Sessions Judge (CCH 59), Bengaluru, for the offence under Sections 120-B, 143, 147, 148, 323, 307 and 302 read with Section 149 of Indian Penal Code.
2. The brief factual matrix of the case are that, on 21.11.2018 when the complainant – Sree Ayyanar and his brother Muruga (deceased) and his friends Palani @ Muruga, Nimhans Raja and Manja were all consuming liquor at a shed next to his house, one of his friends Manja was talking over phone with somebody telling that the complainant and his brother and his friends are consuming liquor in the shed. After consuming liquor, at about 10.30 in the night, the complainant, his brother Muruga (deceased) and Palani, to go to their house, started the vehicle. at that time, due to some previous ill-will and hatredness, BTS Manja, Abhi, Nanda and his associates came in autorikshaw and two wheelers holding deadly weapons like long and choppers, started chasing Muruga, the brother of the complainant and in front of Chaithra Bar, 7th Cross, Weavers Colony, B G Road, Bengaluru City, the accused persons, caught hold the deceased Muruga and as well as CW.1, and some of the accused persons, particularly Accused Nos.1, 2, 7 and 8 have assaulted the deceased Muruga severely with deadly weapons like longs and choppers on various parts of the body and caused his death. In that context, a complaint came to be lodged before the respondent – police and the same was registered in the above said crime number against the petitioner and others for the aforesaid offences.
3. On careful perusal of the entire charge sheet it reveals that, the allegations made against the petitioner is that they watched the movements of the petitioners and the informant, and also prevented him from moving in way from the scene of offence and accused Nos.1 to 8 who were armed with the deadly weapons have assaulted the deceased and caused his death.
4. Similarly placed accused persons – accused Nos.10, 11, 12, 14, 17, 18 and 19 have already been released on bail by this Court in Crl.P.Nos.5576, 5501, 4038, 3796, 3795, 4590 and 39 of 2019. These petitioners also stand on the same footing as that of the accused persons who are already released on bail. Therefore, on similar conditions the petitioners are also entitled to be released on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners – (A-13) Santhosh K @ Santhu and (A-9) Fairoz shall be released on bail in connection with Crime No.398/2018 of Konanakunte Police Station, Bengaluru City, (SC No.650/2019) registered for the aforesaid offences, now pending on the file of LVIII Additional City Civil and Sessions Judge, Bengaluru, (CCH – 59), subject to the following conditions:
(i) The petitioners shall execute their personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with two sureties for the like–sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission concerned Court, till the case registered against them are disposed of.
Sd/- JUDGE ykl