IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE Mrs. JUSTICE RATHNAKALA CRIMINAL PETITION No.4822/2017 BETWEEN:
SRI DAVID RICHARD @ ANIL, @ ANNACHI, S/O. JAN RICHARD, AGED ABOUT 32 YEARS, R/AT 28, 10, BHARATHMATHA BLOCK, PLACE GUTTAHALLI, BANGALORE.
(BY SRI H.V. MANJUNATHA, ADV.) AND:
STATE OF KARNATAKA BY STATION HOUSE OFFICER, AMRUTHAHALLI POLICE STATION, AMRUTHAHALLI, BANGALORE – 560 091.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING (BY SRI S. VISHWAMURTHY, HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.177/2016 (C.C.NO.6524/2017) OF AMRUTHAHALLY P.S., BANGALORE FOR THE OFFENCE P/U/S 120B, 201, 364, 302 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Sri H.V.Manjunatha, learned counsel for the petitioner and Sri S.Vishwamurthy, learned HCGP for the respondent.
2. The petitioner-accused No.4 along with four others is charge-sheeted by the respondent-Police in their Crime No.177/2016 in respect of the offences punishable under Sections 120B, 201, 364, 302 R/w 34 of IPC.
3. The allegation of the prosecution is, though first accused daughter’s marriage was fixed with another person, she was meeting the deceased Akbar and did not give up despite several advises. Therefore, accused Nos.1 to 3 and 5 conspired with this petitioner and in pursuance of which, on 22.04.2016, he persuaded the deceased to hire his vehicle for shifting the household articles. While they were proceeding in Tata Ace vehicle, accused No.5 joined on the way. Accused Nos.1 to 3 followed the Tata Ace vehicle in a car. At 7.00 p.m., they took the deceased to a vacant land in Kottakota village within the jurisdiction of Bagepalli Police Station. Accused No.1 hit on the private part of the deceased; accused No.2 dropped a size stone on the head of the deceased; when he collapsed, they burnt the dead body of the deceased. A missing complaint was lodged by the mother of the deceased on 27.09.2016. The accused were arrested on 28.11.2016. The prosecution rests on the circumstantial evidence. Accused Nos.1 to 3 are already enlarged on bail by the order of this Court. Since investigation is complete, there is no impediment to allow this petition.
4. Accordingly, the petition is allowed.
Petitioner is enlarged on bail in Crime No.177/2016 of respondent-Police, subject to the following conditions:
i. He shall execute a self-bond for a sum of `1,00,000/- with one local surety for the likesum to the satisfaction of the concerned Court.
ii. He shall attend the Court on all hearing dates regularly and punctually.
iii. He shall not terrorize or threaten or prevail upon the prosecution witnesses.
Sd/- JUDGE TL CT: PN/-