IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.8653/2018 BETWEEN:
Sri.M.Krishnappa, S/o.Sri.Motappa, Mentioned as Stamp Vender Krishnappa in F.I.R., Aged about 51 years, R/at Sarkari Guttahalli, Hosakote Taluk, Bengaluru Rural-562 114. ... Petitioner (By Sri.Kiran.N, Advocate) AND:
State of Karnataka, By Avalahalli Police Station, Hosakote Taluk, Bengaluru Rural District, Rep. by SPP, High Court. ... Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure praying to enlarge the petitioner on bail in Cr.No.355/2018 of Avalahalli P.S., Bengaluru for the offence p/u/s 120B, 201 and 302 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.355/2018 for the offences punishable under Sections 120B, 201 and 302 of IPC.
2. The case of the prosecution is that on the basis of the information elicited from one Venkataswamy during investigation in Crime No.353/2018, the petitioner was arrested with respect to the alleged commission of the crime in the present case. Suo motu complaint was lodged as regards the commission of aforestated offences. Investigation is complete and charge sheet has been filed.
3. Learned counsel for the petitioner states that the charge sheet has been filed and the primary imputation as regards the petitioner is that the petitioner had facilitated the preparation of Election ID Card, Domicile Certificate and Caste Certificate which are alleged to be concocted documents. Hence, it is stated that in light of the imputations so made, the petitioner stands on a different footing from the other accused who are alleged to have committed the offence under Section 302 of IPC.
4. It is further contended that the proof of commission of offence, the petitioner’s role in participating in conspiracy to do away the deceased, are matters to be established during trial. It is submitted that the petitioner has been in custody since 15.09.2018 and hence, learned counsel for the petitioner states that the petitioner is entitled to be enlarged on bail.
4. Learned High Court Government Pleader states that the role of the petitioner extends to the conspiracy to kill the deceased.
5. Taking note of the fact that investigation is complete and charge sheet has been filed, the contents of the voluntary statement by Venkataswamy in the proceedings in Crime No.353/2019, is a matter to be proved during trial, that prima facie allegations are essentially that the petitioner has facilitated creation of concocted documents, the role of the petitioner as regards his participation in the conspiracy is a matter to be proved during trial, that the present proceedings cannot construed to be punitive in nature, the petitioner is entitled to be enlarged on bail subject to conditions.
6. In the result, the bail petition filed by the petitioner under Section 439 of Cr.P.C., is allowed and the petitioner is enlarged on bail in Crime No.355/2018 for the offences punishable under Sections 120B, 201 and 302 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(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 SHO.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE KA