IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6690/2019 BETWEEN:
1. Sri.Ajit Kumar @ Pullaiah S/o Dayakar, Aged about 29 years, R/at No.322, 6th Main, 6th Cross, Bahubali Nagar, Jalahalli Village, Bengaluru.
2. Sri.Nikhil.R S/o Ravishekhar E.C, Aged about 23 years, R/at No.B-124, 4th “A” Main, Behind Government School, Bahubali Nagar, Jalahalli Village, Bengaluru.
3. Sri.Arun V @ Jangli S/o. Vasu K Aged about 24 years, R/at No.156, 9th Main, Bandeppa Garden, Muthyalanagara, Jalahalli Village, Bengaluru.
(By Sri.Mahesh S, Advocate) AND:
The State of Karnataka by Jalahalli Police Station, Rep. by SPP High Court of Karnataka, Bengaluru – 560 001.
(By Sri.Honnappa, HCGP) …Petitioners …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Cr.No.116/2017 of Jalahalli Police Station, Bengaluru for the offence punishable under Section 302 read with Section 34 of IPC and etc.
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 petitioners and learned HCGP for the respondent-State. Perused the records.
2. This Criminal Petition is filed by accused Nos.2, 3 and 5 for grant of bail. After examination of the material witnesses before the trial Court, the learned counsel submitted that the petitioners similarly placed as that of accused Nos.4 and 6 who were already released on bail by this Court in Criminal Petition No.5307/2019 dated 31.10.2019 and Criminal Petition No.3197/2019 dated 06.08.2019. On perusal of the entire charge sheet papers in S.C.No.1509/2017, the allegations are that accused Nos.1 to 6 have formed into unlawful assembly holding deadly weapons and on the date of incident that was on 26.08.2017, accused No.1 assaulted the deceased with chopper on his face and head, accused No.2 assaulted with long on head portion of the deceased, accused No.3 also assaulted the deceased with knife on the stomach and back, accused No.4 also assaulted the deceased. All the accused persons have assaulted the deceased and other accused persons have assaulted with stones etc., The accused persons faced the trial. On the basis of the said charge sheet, about 26 witnesses have been examined and all of them have turned hostile including the material eye witnesses. This Court while releasing accused No.4 has categorically examined the evidence of the witnesses who are said to be the eye witnesses and other recovery witnesses. All of them have turned hostile. Considering the above said facts and circumstances, this Court has released accused Nos.4 and 6 on the above said grounds. Similar allegations are made against accused Nos.2, 3 and 5 as noted in the charge sheet papers. Under the above said circumstances, the petitioners are also entitled to be enlarged on bail on the ground of parity though I was relegated to grant bail on the earlier occasion because the trial Court has to appreciate the evidence as a whole after completion of the trial. But, this Court has exercised its discretion and enlarged accused No.1 on bail. Therefore, this Court has also on the ground of parity, enlarged accused No.6 also on bail. Therefore, similarly placed accused are also entitled to be enlarged on bail on the ground of parity on the same conditions. Hence, the following;
ORDER The Petition is allowed. Consequently, the petitioners-accused Nos.2, 3 and 5 shall be released on bail in Crime No.116/2017 (S.C.No.1509/2017) of Jalahalli Police Station for the offence punishable under Section 302 read with Section 34 of IPC on the file of LXIV Additional City Civil and Sessions Judge (CCH-65), Bengaluru city, subject to the following conditions:
(i) The petitioners – accused Nos.2, 3 and 5 shall execute their personal bonds for a sum of Rs.2,00,000/- (two lakhs only) each with two sureties for the like-sum to the satisfaction of the trial court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall mark their attendance once in a month i.e., on 1st of every month before the jurisdictional Police station, till the trial is concluded.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
(v) The petitioners shall appear before the Court regularly, and if they fail to appear on any date of hearing, the trial Court is at liberty to cancel his bail and take them to custody.
Sd/- JUDGE NBM