IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6421/2019 BETWEEN SRI ABILASH SON OF THIMMARAYAPPA AGED ABOUT 22 YEARS C/O BYRAPPA HOUSE NARA KARAGADAMMA TEMPLE 4TH CROSS, 24TH MAIN ROAD, AGARA BENGALURU – 560 034 ... PETITIONER (BY SRI. MOHAN KUMARA .D, ADVOCATE) AND THE STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION BENGALURU REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.86/2019 REGISTERED BY HSR LAYOUT POLICE STATION, BENGALURU FOR THE OFFENCE P/U/Ss. 302 AND 120(B) OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioner and learned HCGP for the Respondent–State. Perused the records.
2. The petitioner herein has arraigned as Accused No. 7 in Crime No.86/2019 of HSR Layout Police Station, Bengaluru, for the offence punishable under Sections 302 and 120(B) of IPC, later the said case was culminated in C.C. No.13992/2019, which is now pending on the file of 55th Additional City Civil and Sessions Judge at Bengaluru.
3. The brief facts of the case are that, the complainant-Sri. A. Siddeshwara has lodged a complaint before the respondent-Police alleging that, on 21.03.2019 his brother-Thippeswamy’s son by name Prithvi, aged 19 years, visited the complainant’s house for the purpose of attending Venkataswamy Temple Fair and the deceased Prithvi went along with Bharath, the son of the complainant, to attend fair at Agara village. Thereafter, at about 3.00 p.m. in the midnight, the said Bharath telephoned to the complainant and informed that, when Bharath and Prithvi, who said to be the ex.employee of Airtel Office at Kundalahalli, were standing near Karnataka Bakery at 24th Main, 2nd Cross, some unknown persons went there and quarreled with the deceased Prithvi and assaulted him on his chest and stomach with knife and the injured was shifted to Narayana Hospital and he succumbed to the injuries in the hospital. In that regard, on 22.03.2019, a complaint came to be lodged before the Jurisdictional HSR Layout Police. On the basis of the said complaint, the police registered the above said case. During the course of investigation, further statements were recorded. It shows that the petitioner (A7) and other accused persons viz., Accused Nos.2, 3, & 4 have prevented the said Bharath and Prithvi from moving away from that place and Accused No.1 stabbed the deceased Prithvi.
4. Considering the facts and circumstances of the case, this Court has released Accused Nos. 2 & 3 on bail in Criminal Petition Nos. 3294/2019 and 3499/2019 vide order dated 02.08.2019 and Accused No.4 was also released on bail by this Court in Criminal Petition No.3890/2019. Even Accused Nos. 6 and 10 were also released on bail by this Court vide order dated 09.09.2019 in Crl.P. No.5836/2019. Looking to the allegations, even this petitioner also stands on the same footing as that of other accused persons, who were already released on bail. Therefore, this petitioner (A7) is also entitled to be enlarged on bail, on the ground of parity. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner-Abilash (A7) shall be released on bail in connection with Crime No.86/2019 of HSR Layout Police Station, Bengaluru, registered against him for the offence punishable under Sections 302 and 120-B of IPC, now pending before the Court of 55th Addl. City Civil and Sessions Judge at Bengaluru, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only), with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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, till the case registered against him is disposed of.
Sd/- JUDGE KGR*