IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.2701/2017 BETWEEN:
1. SARAVANA @ THORE S/O SELVARAJ @ CHALUVARAJU AGED ABOUT 19 YEARS RESIDING AT NO.7 13TH CROSS, P&T COLONY CHOLARAPALYA BANGALORE -23.
2. NAVEEN MUNIRATHNAM @ SRINIVAS @ BONK SEENA S/O MUNIRATHNAM AGED ABOUT 19 YEARS RESIDING AT NO.74/1 14TH CROSS, P&T COLONY CHOLARAPALYA BANGALORE -23. …PETITIONERS (BY SRI K.LAKSHMI KANTH, ADV.) AND:
STATE OF KARNATAKA BY VIJAYANAGARA POLICE STATION BANGALORE REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001. ...RESPONDENT (BY SRI K.NAGESHWARAPPA, 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, 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 The petitioners/accused Nos.7 and 8 are charge sheeted by the respondent/Police along with nine others in respect of the offences under Sections 143, 144, 147, 148, 302, 398 read with Section 34 of IPC.
2. The allegation of the prosecution is, the accused persons formed unlawful assembly armed with deadly weapons with the object of causing the murder of one B.Harsha in pursuance of their previous enmity against him on the night of 27.4.2016. They assaulted him with lethal weapons, thus, done him to death. Petitioner No.1/accused No.7 is said to have assaulted on the back of deceased with dragger and petitioner No.2/accused No.8 assaulted on the left arm of the deceased with dragger.
3. These petitioners were arrested on 1.5.2016 and the statement of the witnesses was recorded on 2.5.2016 identifying them while in Police custody. The eye- witnesses have not given the specification as to the individual role of each of the offender. At the instance of these petitioners, the weapon allegedly used for commission of the offence is seized by the I.O. on 1.5.2016. Similarly placed accused are enlarged on bail vide order of this Court in Crl.P.No.780/2017 and Crl.P.No.7480/2016.
4. In the given circumstance, there is no impediment to allow the petition.
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 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.
Concerned Court while accepting the surety bond shall examine the original title deeds pertaining to the properties of the surety so also their identity card/Aadhar card.
KNM/-
Sd/- JUDGE