IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7511/2019 BETWEEN:
Shivaraj,S/o late Sanjivaiah, Aged about 40 years, R/at No.83, 3rd Main, 8th Cross, Kantirava Nagar, Nandini Layout, Bengaluru – 560 096. …Petitioner (By Sri. Jagadeesha H., Advocate) AND:
The State of Karnataka, By Yeshwanthpura Police Station, Bangalore – 560 069.
Represented by its Public Prosecutor, High Court Complex, Bangalore – 01. …Respondent (By Sri. Honnappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.133/2019 (S.C.No.1305/2019) registered by Yeshwanthpura Police Station, Bengaluru For the offence P/U/S 302 and 120(B) read with 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 for the petitioner/accused No.3, learned H.C.G.P for the respondent – State and perused the records.
2. The police have laid a charge sheet against the petitioner and others for the offence punishable under Sections. 302, 120B read with 34 of IPC.
3. It is alleged in the charge sheet that on 24/05/2019 in the night at 22-45 hours, accused Nos.1 and 2 joined hands with accused Nos.3 and 4, took the deceased to Yeshwanthpur Bazar Circle. Some quarrel took place between the deceased and accused persons, due to previous ill-will. Accused Nos.3 and 4 have caught hold the deceased and accused Nos.1 and 2 have assaulted the deceased with long and knife respectively and later he succumbed to the injuries. Even eye witnesses have also reiterated the above aspects. The allegations against accused No.3, who is the petitioner herein is that he has caught hold the deceased at that particular point of time. Accused Nos.1 and 2 were assaulted the deceased with deadly weapons and caused the death. Such intention of accused Nos.1 and 2 was within the knowledge of accused No.3, which has to be established during the course of full-fledged trial. Therefore, considering the nature of allegation and his role adverted to in the charge sheet, petitioner is entitled to be enlarged on bail.
3. Hence, the following order.
The petition is allowed. Consequently, the petitioner shall be released on bail in connection with (Crime No.133/2019 of Yeshwathpur Police Station) in S.C. No.1305/2019 on the file of LXVII Addl. City Civil and Sessions Judge at Bengaluru (CCH-68) for the alleged offences subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE msu