IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8241/2017 BETWEEN:
SRI. NAVEEN R. @ MAAMU, S/O RAMANNA, AGED ABOUT 26 YEARS, R/AT NO. L-92, 2ND CROSS, 8TH MAIN, NEAR ASHOKA PILLAR, KANAKANAPALYA, JYANAGRA, BENGALURU 05.
(BY SRI. H.V. MANJUNATHA, ADV.,) AND:
STATE OF KARNATAKA, BY STATION HOUSE OFFICER, BANASHANKARI POLICE STATION, BANASHANKARI BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR BANGALORE – 01.
(BY SRI.CHETAN DESAI, HCGP) ... PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.121/2016 OF BANASHANKARI POLICE STATION, BENGALURU AND IN S.C.NO.1154/2016 ON THE FILE OF LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR THE OFFENCES P/U/S 143, 144, 148, 147, 307 AND 302 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.4 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 143, 144, 147, 148, 307, 302 read with 149 of IPC, registered in respondent – police station Crime No.121/2016.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.4 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
4. One Sri.Sachin, the friend of complainant Sri.Shekar is the deceased in this case. Looking to the complaint averments the name of the petitioner is not specifically spoken by the complainant, however, there is a reference that accused No.1 along with other accused persons came and assaulted the deceased.
5. During the course of hearing of the petition, learned HCGP has submitted that the eye-witnesses have spoken about the presence of the petitioner and also stated that he fisted on the face of the deceased, so also, the complainant Shekar. Even if it is so, but looking to Post-Mortem report and the opinion of the Doctor, death is because of stab injuries on the stomach portion. Investigation is completed and charge sheet has been filed. Accused Nos.2 and 3 have been granted bail by the order of this Court dated 21.11.2016 passed in Crl.P.4736/2016 and order dated 04.11.2016 passed in Crl.P.7329/2016 respectively. Hence, looking to these materials, I am of the opinion that it is a fit case to exercise discretion in favour of the petitioner and to release him on bail.
6. Accordingly, petition is allowed.
Petitioner/accused No.4 is ordered to be released on bail in connection with Crime No.121/2016 registered for the above said offence, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE BSR