IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.6364/2019 BETWEEN:
SRI K.N.RAMESHA @ SHEEGEHALLI RAMESH S/O LATE NARAYANAPPA MENTIONED AS RAMESH IN F.I.R. AGED ABOUT 46 YEARS R/AT NO.15, 1ST FLOOR 10TH CROSS, LAKSHMAIAH BLOCK H.A.F. GANGANAGAR BANGALORE – 560 024 … PETITIONER (BY SRI KIRAN N., ADVOCATE) AND:
STATE OF KARNATAKA BY AVALAHALLI POLICE STATION HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 562 114 REP. BY S.P.P.
HIGH COURT OF KARNATAKA BANGALORE – 560 001 ... RESPONDENT (BY SRI VIJAY KUMAR MAJAGE, ADDL.S.P.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.355/2018 OF AVALAHALLY POLICE STATION, BENGALURU CITY REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 302, 201, 465, 471, 417, 419 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.5 in Crime No.355/2018 of Avalahally Police Station. Petitioner and ten others were charge sheeted in the said case for the offences punishable under Sections 120B, 302, 201, 465, 471, 417, 419 and 420 of IPC.
2. It is alleged that with an intention to grab unclaimed land, the accused entered into conspiracy. In execution of such conspiracy, they impersonating victim Krishnappa to untraceable land owner Nanjappa, created Will in favour of accused No.1. It is further alleged that then accused committed murder of Krishnappa. Impersonating him to be Nanjappa, cremated him in burial ground at Devasandra. It is alleged that the petitioner and accused No.4 facilitated the other accused in preparation of Election I.D.Card, Aadhar Card, domicile certificate and caste certificate and transporting the dead body to the burial ground.
3. CW.9 and CW.13 who speak about the petitioner’s participation with the other accused at the burial ground and cremation were not previously acquainted with him. The allegations of administering purgative to the victim and committing his murder are against accused Nos.1 to 3.
4. This Court in Criminal Petition No.8653/2018 has granted bail to accused No.4. The petitioner stands on the same pedestal. Therefore the petitioner is entitled for extension of parity.
5. At this stage, leaned Additional S.P.P. submits that the bail granted to accused No.4 was out come of suppression of the material fact namely he filing parallel petition before this Court and suppressing the pendency of the same. However, so far on that ground, the State has not filed any case for cancellation of bail. If at all any steps are taken for cancellation of bail against accused No.4, the State is given liberty for seeking the similar relief against this petitioner also.
6. With such observation, the petition is allowed. The petitioner is granted bail in Crime No.355/2018 of Avalahally police station, Bengaluru, subject to the following conditions:
(i) Petitioner shall execute personal bond in a sum of Rs.1,00,000/-(Rupees One Lakh only) with one surety in the like sum to the satisfaction of the trial Court;
(ii) The petitioner shall appear before the Court as and when required for the trial;
(iii) The petitioner shall not tamper the prosecution witnesses in any manner;
(iv) The petitioner shall not indulge in any criminal activities of like nature; & (v) In the event of change of address, the petitioner to inform the same to the concerned Station House Officer.
Sd/- JUDGE KSR