IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.6033/2019 BETWEEN:
SRI CHANDRA @ CHENNI @ SANJEEVMURTHY @ CHANDRA @ CHANNI S/O RAMAKRISHNAIAH AGED ABOUT 41 YEARS R/AT BEERANAKALLU VILLAGE KASABA HOBLI, TUMKUR TALUK TUMKUR DISTRICT – 572 101 … PETITIONER (BY SRI CHETHAN B., ADVOCATE) AND:
1. STATE OF KARNATAKA TUMKURU RURAL POLICE TUMKURU – 572 101 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 2. SRI LAKSHMAMMA W/O LATE KANTHARAJU AGED ABOUT 37 YEARS R/AT BHEERANAKALLU VILLAGE TUMKUR TALUK TUMKUR DISTRICT – 572 101 … RESPONDENTS (BY SRI K.NAGAESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.262/2016 (SPL.C.NO.44/2017) OF TUMAKUR RURAL POLICE STATION, TUMAKURU PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 427, 341, 143, 147, 148, 149, 302 AND 120-B OF IPC AND SECTION 3(2)(V) AND (Va) OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT BILL, 2014.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.3 in Crime No.262/2016 of Tumkur Rural police station which is now pending on the file of III Additional District and Sessions Court, Tumkur in Spl.Case No.44/2017.
2. Petitioner along with 10 other accused is facing trial in the said case on the allegations of committing murder of Lakshmikanth. This Court in Criminal Petition No.4540/2018 dismissed the earlier bail petition of the petitioner on 12.12.2018.
3. The allegations against the petitioner is that he along with the other accused waylaid the victim, threw chilli powder in his eyes and assaulted him with crowbar. The allegations of assaulting the victim with axe, crowbar, longs and causing lethal injuries are against accused Nos.2, 5, 12 to 14. This Court in Criminal Petition Nos.6262/2019, 3297/2017, 7970/2017 and 3296/2017 has granted bail to the accused.
4. In the charge sheet, there are no specific allegations against the petitioner. Under the circumstances, this is fit case to extend parity to the petitioner. The petition is allowed.
Petitioner is granted bail in Crime No.262/2016 of Tumkur Rural police station which is now pending in Spl.Case No.44/2017 on the file of III Additional District and Sessions Court, Tumkur subject to the following conditions:
i) Petitioner shall execute personal bond in a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties in the like sum to the satisfaction of the trial 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 trial is concluded.
Sd/- JUDGE KSR