IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3526/2019 BETWEEN:
1. SRI PERUMAL M @ APPI @ KONDA S/O LATE MUNIRATHNA AGED ABOUT 27 YEARS R/AT NO.174, 8TH CROSS KUMARASWAMY LAYOUT CHANDRANAGARA BANGALORE-560 085 PERMANENT ADDRESS:
NO.289, VIVEKANANDA BLOCK BANGALORE-560 085 2. SRI SHEKAR @ KULLA S/O.RAJU AGED ABOUT 27 YEARS R/AT 25TH CROSS NEAR KADAPASWAMY MATA BHUVANESHWARINAGARA K.P.AGRAHARA BANGALORE-560 023 PERMANENT ADDRESS:
NO.25/5-4, 28TH CROSS BHUVANESHWARINAGARA BANGALORE CITY-560 023 … PETITIONERS (BY SRI M.VISHWAJITH RAI FOR SRI SHIVAPPA T., ADVOCATES) AND:
STATE OF KARNATAKA BY SRIRANGAPATNA POLICE STATION SRIRANGAPATNA TALUK MANDYA DISTRICT REP. BY ITS P.P.
HIGH COURT BUILDING BANGALORE-560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.261/2018 OF SRIRANGAPATNA RURAL POLICE STATION REGISTERED AGAINST THE PETITIONERS AND OTHERS FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 114, 109, 341, 120(B), 201, 302 READ WITH SECTION 149 OF IPC AND ALSO UNDER SECTIONS 2(C), 27(1) OF THE ARMS ACT, 1959 PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN.) & JMFC COURT, SRIRANGAPATNA. THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, I/C III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA SITTING AT S.R.PATNA HAS DISMISSED THE BAIL PETITION ON 16.01.2019 IN CRL.MISC.NO.5408/2018.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard learned counsel appearing for the petitioners and learned HCGP for the respondent and perused the records.
2. Petitioners are arraigned as accused nos.8 & 9 in C.C.No.690/2018 on the file of the Additional Civil Judge (Jr.Dn.) & JMFC, Srirangapatna, Mandya District.
3. Brief facts of the case are as follows:
On 10.08.2018, one Arasaiah summoned the complainant to his village to visit Mahakali Temple situated at T.M.Hosur Gate, Srirangapatna Taluk in order to perform pooja rituals. On 11.08.2018 at 8.30 a.m. the said persons along with the friend of Arasaiah viz., Rangaswamy proceeded in their Car bearing registration No.KA 51 P 5695 to the temple and after completion of pooja at 3.30 p.m., while they were returning to the Village, three cars came from different directions and intercepted the Car of Arasaiah. Thereafter, it is alleged that accused nos.1 to 6 came from the Car and have mercilessly assaulted Arasaiah. The role adverted to petitioner no.1 is that he was present along with a long in a Car and petitioner no.2/accused no.9 was a Driver of one of the Cars, except that no other role has been adverted to about these petitioners. It is seen that the other accused persons i.e. accused nos.15, 16, 17 & 18 were also present at the time of the incident but their role has not been adverted to and they were released on bail by this Court in Crl.P.No.9644/2018 c/w Crl.P.No.81/2019 vide order dated 18.02.2019.
4. Looking to the above facts and circumstances of the case, though the presence of these petitioners have been referred to in the charge sheet, there is no role adverted to against them and during the course of the evidence, it has to be established that all the accused persons had premeditation in order to do away with the life of the deceased Arasaiah. Under the above said circumstances, when the other accused persons who stand on the same footing have already been released on bail, on the ground of parity, the present petitioners are entitled to be enlarged on bail. Hence, the following order:
The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with C.C.No.690/2018 on the file of the Additional Civil Judge (Jr.Dn.) & JMFC, Srirangapatna, Mandya District, registered against them for the offences punishable under Sections 143, 147, 148, 114, 109, 341, 120-B, 201, 302 r/w 149 of IPC and also under Sections 2(C), 27(1) of the Arms Act, 1959, subject to the following conditions:
(i) The petitioners shall execute their respective personal bond for a sum of Rs.2,00,000/- (Two lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
Sd/-
JUDGE hkh.