IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION No.1705 OF 2017 BETWEEN:
1. Santhosh @ Kurpu Santhosh, S/o. Keshava Murthy, Aged about 29 years, Occ: Labourer, R/at Gunavante, Kuvempunagara, Aranduru Village, Koppa, Koppa Taluk, Chikkamangaluru Dist. 577126.
2. Shankara, S/o. Cheluvaraju, Aged about 26 years, Occ: Labourer, R/at Janatanagar, 82, Kudi Village, Udupi Dist. 576213.
3. Diwakar Kumbara @ Diva, S/o. Late Hoovappa Kumbara, Aged about 27 years, Occ: Labourer, R/at Behind Bharat Rice Mill, Netajinagar, Koppa, Koppa Taluk, Chikkamangaluru Dist. 577126.
4. Imthiyaz @ Chotu, S/o. Kaleel Saheb, Aged about 25 years, Occ: Labourer, R/at Thilak Road, 2nd Cross, Koppa, Koppa Taluk, Chikkamangaluru Dist. 577126. ... Petitioners (By Sri. M.R. Balakrishna & Associates, Advocates) AND:
The State of Karnataka, By Hiriadka Police Station, Bramavara Circle, Udupi District – 576213.
Represented by its State Public Prosecutor, High Court Building, Bengaluru – 560 001. ... Respondent (By Sri. S. Vishwamurthy, HCGP) This Criminal Petition is filed u/s.439 Cr.P.C praying to enlarge the petitioners on bail in Cr.No.100/2016 (SC No.38/2016) of Hiriadka P.S, Udupi District, for the offence P/U/S 109, 120B, 364, 302, 201 r/w 34 of IPC.
This criminal petition coming on for Orders this day, the Court passed the following:
O R D E R Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent.
2. The respondent Police charge sheeted the petitioners/accused Nos.4 to 7 and co-accused in respect of offences punishable under Sections 109, 120B, 364, 302, 201, 34 of IPC in their Crime No.100/2016.
3. The case of the prosecution is that the petitioners were engaged by Accused No.1 to commit the murder of the deceased Sheik Mohammed Tasleem. In pursuance of the same, on 13.07.2016 they abducted the deceased while he was proceeding on a vehicle and assaulted him to death.
4. Sri. M.R. Balakrishna, learned counsel for the petitioners submits that there are no eye-witnesses to the incident. Three of the co-accused are enlarged on bail.
5. Learned HCGP submits that there is clinching evidence from CW23 who heard these petitioners conspiring to cause the death of the deceased.
6. Having regard to the fact that even the statement of CW23 cannot be accepted on the very face of it and needs to be tested during trial and these petitioners are in custody since July 2016, investigation having been completed, there is no impediment to allow the petition. Accordingly, I pass the following:
Petition is allowed. Petitioners are enlarged on bail in connection with Crime No.100/2016 registered by the respondent-Police for the offence punishable under Sections 109, 120B, 364, 302, 201, 34 of IPC, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two local sureties for the likesum.
(ii) They shall mark their attendance before the respondent/I.O. during the office hours on every Tuesday till the conclusion of the trial.
(iii) They shall not indulge in any illegal activities and maintain themselves as law abiding persons.
(iv) They shall not prevail upon the prosecution witnesses.
While accepting the Surety Bonds, the concerned Court shall examine the original title deeds of the immovable properties of the sureties and their Aadhar Cards/ Identity Cards.
Liberty is reserved to the Investigating Officer to move for cancellation of bail, if the petitioners violates any of the conditions.
Sd/- JUDGE SV/VBS