IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF MARCH 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.2100/2017 C/W CRIMINAL PETITION NO.2101/2017 IN CRL.P. NO.2100/2017 BETWEEN:
SRI GANGADHAR @ GANGA S/O MAHADEV GOWDA AGED ABOUT 23 YEARS R/O NO.285, 3RD CROSS 7TH MAIN, VENKATAMMA NAGAR CHAMARAJPETE BENGALURU – 560 018. …PETITIONER (BY SRI BHARATH KUMAR V., ADV.) IN CRL.P. NO.2101/2017 BETWEEN:
SRI MANJUNATH @ BUCHA S/O MAHADEVAPPA AGED ABOUT 22 YEARS R/O NO.198, 1ST MAIN 1ST CROSS, ASHRAMA VATHARA RUDRAPPA GARDEN CHAMARAJPET BANGALORE – 560 018. …PETITIONER (BY SRI BHARATH KUMAR V., ADV.) AND:
STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER HANUMANTHA NAGAR POLICE STATION BENGALURU – 560 050 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA BENGALURU – 560 001. ...RESPONDENT (COMMON IN BOTH PETITIONS) (BY SRI S.VISHWAMURTHY, HCGP.) THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.144/2014 (S.C.NO.263/2016) OF HANUMANTHANAGAR P.S., BANGALORE FOR THE OFFENCES P/U/S 143, 144, 147, 148, 307, 302 R/W 149 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent.
2. The petitioners are arrayed as accused Nos.1 and 2 in the charge sheet submitted by the respondent- police in their Cr.No.144/2014 in respect of the offence punishable under sections 143, 144, 147, 148, 307, 302 r/w section 149 of IPC.
3. The gist of the allegation is, the accused persons assaulted the deceased Deepu Rao with lethal weapons to death. The previous petition Crl.P.No.6701/16 was dismissed on 26.10.2016 with liberty to the petitioners to move fresh bail petition before the Trial Court after the statement of eye witnesses was recorded; two months time was stipulated for recording the statement of eye witnesses. Accordingly, the Court has recorded the evidence of the witnesses within the time scheduled by this Court. Six witnesses/PWs 1 to 6 are said to have been examined. However, the bail application is rejected.
4. Learned counsel for the petitioners submits that since the eye witnesses turned hostile to the prosecution case, that lands the petitioners in par with the co-accused who are on bail. The petitioners are in custody for more than three years. It is unlikely that the trial will conclude within a short time. The petitioners are permanent residents of Bengaluru. In the given circumstance, they may be enlarged on bail.
5. The learned HCGP for the State opposes the petitions and submits that the fact that the eye witnesses turned hostile by itself is not sufficient to enlarge the petitioners on bail.
6. Having regard to the fact that the evidence of eye witnesses is complete and the question of these petitioners winning over the official witnesses and police witnesses will not arise, there is no impediment to allow the petitions.
Accordingly, the petitions are allowed. Petitioners are enlarged on bail in Crime No.144/2014 of respondent- police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.5,00,000/- each with two sureties for the likesum to the satisfaction of the concerned Court.
(ii) The sureties shall furnish the original title deeds pertaining to the properties, their Identity card/Aadhar card to the concerned Court for perusal.
(iii) They shall attend the Court on all hearing dates regularly and punctually.
(iv) They shall not prevail upon or terrorize the prosecution witnesses.
(v) They shall mark their attendance before the concerned Police Station during office hours till conclusion of trial.
(vi) They shall not involve in criminal activities.
Dvr:
Sd/- JUDGE