IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1318/2019 BETWEEN:
SRI PRAKASH, S/O KOTAPPA, AGED ABOUT 36 YEARS, OCC:PRIVATE SERVICE.
NO.196, 1ST MAIN ROAD, 1ST CROSS, SARAKKI GARDEN, J.P.NAGAR, 6TH PHASE, BENGALURU SOUTH, BENGALURU – 560 078.
… PETITIONER (BY SRI PRAVEENKUMAR K.S , ADV.,) AND:
STATE OF KARNATAKA, BY JNANABHARATHI POLICE, REPRESENTED BY HCGP. HIGH COURT BUILDING, BANGALORE – 560 001.
(BY SRI HONNAPPA , HCGP.) .. RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.230/2018 OF JNANABHARATHI POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S.143,144,147,148,120- B,504,302,307 R/W SEC.149 OF IPC AND SEC.25(1)(B)(b) OF ARMS ACT 1959.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent –State. Perused the records.
2. Petitioner is arraigned as accused No.9 in Crime No.230/2018 of Jnanabharathi Police Station. After completion of investigation, a charge sheet has been filed in C.C.No.30158/2018 by the said police, for the offence under Sections 143, 144, 147, 148, 120-B, 504, 302, 307 read 149 IPC and Section 25(1)(B)(b) of Arms Act, 1959.
3. The case of the prosecution is that on 15.08.2018 at about 6.30 p.m., accused Nos.1 and 2 along with other accused and the deceased, who was also a friend of accused, attended the birthday party of the son of accused No.1 and at that time, they quarrelled with each other and accused No.7 and the deceased taunted with each other. Accused No.7 took the empty beer bottle and threatened the deceased with dire consequences. Thereafter, the matter was resolved. But subsequently, on the same day, accused Nos.1 to 5 have conspired to do away with the life of deceased. It is stated that accused Nos.1 and 5 have assaulted the deceased on the legs and accused Nos.1 to 3 assaulted on the head of the deceased causing severe injuries. Accused Nos.2, 7, 8 and 9 were only present at the time and instigated other accused persons to finish off the deceased. As other accused namely accused Nos.7 and 8, who stand on the same footing as that of petitioner, were already released on bail in Crl.P.Nos.2195/2019 and 2196/2019 vide order dated 19.08.2019, but they were released on bail under Section 439 Cr.P.C. However, it makes no difference as charge sheet has been filed. It indicates that he is no more required for further investigation.
4. Under the above said circumstances, petitioner is entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with C.C.No.*6579/2019 on the file of the IX Additional Chief Metropolitan Magistrate, Bengaluru, for the alleged offences, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.2,00,000/- (rupees two lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
* Corrected Vide Chamber Order dated 27.11.2019.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE PKS