IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL PETITION NO.1607/2019 BETWEEN Sri Narasimhaiah @ Kadara Narasimhaiah S/o Doddanarasimhaiah aged about 40 years R/at Hunnigere Village Tavarekere Hobli Bangalore South Taluk.
(By Sri. Sridhar .N., Advocate) AND State of Karnataka By Tavarekere Police, Magadi Circle, Represented By The State Public Prosecutor High Court Of Karnataka Bangalore-560 001.
(By Sri Nasarulla Khan, HCGP) ... Petitioner ... Respondent This Criminal petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.371/2016 of Tavarekere Police Station, Ramanagar for the offences P/U/S.143, 147, 504, 506, 302 r/w Section149 of IPC.
This Criminal Petition coming for Orders on this day, the court made the following:
ORDER This petition is filed under Section 439 of Cr.P.C., by petitioner-accused No.2 for the offences punishable under Section 143, 147, 504, 506, 302 r/w Section149 of IPC of Tavarekere Police Station, Ramanagara, in Cr.No.371/2016.
2. The allegation against the petitioner is that on the basis of complaint of deceased Huchappa, police have registered the case against the petitioner and other accused persons for the offences punishable under Section 307 and after the death of deceased, offence punishable under Section 302 of IPC was imposed.
3. Gist of the complaint is that on 17.10.2016 at about 10.30 p.m. this petitioner along with other accused were assaulted the deceased Huchappa when he was returning from nature call, in front of the house of petitioner/Accused. The main allegation against the petitioner is that he has assaulted the deceased on chest by using brick and later deceased was died due to septicaemia.
4. Learned counsel for petitioner contended that there was no motive or intention to kill the deceased. This Court has already granted bail to other accused persons. There is no recovery from the petitioner. The offence under Section 302 will not attract to the present case, but, utmost it may attract Section 304(ii) of IPC. He is ready to abide any conditions that may be imposed by this Court. He is the permanent resident of Hinnigere village, Bengaluru South Taluk. As charge sheet has already been filed by the police, he is not required for investigation. Hence, he prays to allow the petition.
5. Per contra, learned HCGP contended that petitioner has already moved many bail applications which were rejected by this Court. If he is enlarged on bail, he may abscond and he may not be available for trail. Hence, he prays to dismiss the petition.
6. Heard the arguments of both sides and perused the records.
7. This Court has already granted bail to accused Nos.1, 3 and 5 in Crl.P.No.3607/2017 dated 31.05.2017. This petitioner being accused No.2, the other petitions filed by the present petitioner under Section 438 of Cr.P.C., seeking anticipatory bail were dismissed by this Court. Subsequently on 13.08.2018 petitioner was surrendered before the police and till now he is in custody.
8. Police have already filed the charge sheet and the petitioner is no more required for any investigation and they have recovered some broken pieces of bricks which was used by the petitioner for the alleged offences. Without expressing any opinion on merits of the case, this court already granted bail in Crl.P.No.3607/2017 dated 31.05.2017 to accused Nos.1, 3 and 5. Thus, this petitioner is also entitled for the bail on the ground of parity. Accordingly, petitioner is entitled for the relief as prayed for. Hence, I pass the following:
ORDER The Criminal Petition is allowed.
The petitioner-accused No.2 is ordered to be released on bail, in Crime No.371/2016 of Tavarekere Police Station for the offences punishable under Sections 143, 147, 504, 506, 302 read with Section 149 of IPC, subject to the following conditions:-
(i) Petitioner-accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the trial Court/Committal Court;
(ii) Petitioner shall not indulge in similar offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court, and (v) Petitioner shall mark his attendance before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every 2nd day of the calendar month for a period of six months or till commencement of trial whichever is earlier.
SD/- JUDGE SN