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.2303/2017 BETWEEN:
SANTHOSH RAO AGED ABOUT 19 YEARS S/O SURESH RAO R/AT: #94, 2ND CROSS KEMPEGOWDA LAYOUT RAJGOPAL NAGARA BENGALURU – 560 058. …PETITIONER (BY SRI RAJESH RAO K., ADV.) AND:
THE STATE BY S.H.O.MALLESHWARAM P.S. REPRESENTED BY GOVT. PLEADER HIGH COURT OF KARNATAKA BENGALURU – 560 001. ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.302/2015 OF MALLESHWARAM POLICE STATION, BANGALORE FOR THE OFFENCE P/U/S 302 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 petitioner/accused and the learned High Court Government Pleader appearing for the respondent.
2. The petitioner-accused No.3 along with accused Nos.1, 2 and 4 is charge sheeted by the respondent police in Cr.No.302/2015 in respect of the offence punishable under section 302 r/w section 34 of IPC.
3. The allegation is, on the night of 3.10.2015 the deceased Ashish Paul was stabbed to death by the accused persons and his mobile phone was extorted. Accused Nos.1, 2 and 4 who are similarly placed with the petitioner are enlarged on bail.
4. As per the submission at the bar, so far charge is not framed. In the given circumstance, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.302/2015 of respondent- police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.2,00,000/- with two local sureties for the likesum to the satisfaction of the concerned Court. The sureties shall produce their Aadhar Card/Identity card, original title deeds of the properties for the perusal of the court.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall not tamper with the prosecution witnesses.
Dvr:
Sd/- JUDGE