IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3482/2019 BETWEEN:
SRI PRASANNA J.A. @ DALI S/O. ANJINAPPA AGED ABOUT 21 YEARS R/O. A.K.COLONY, BANNIKODU VILLAGE HARIHARA TALUK – 577 601 DAVANAGERE DISTRICT (JUDICIAL CUSTODY DROM 5.11.2018) ... PETITIONER (BY SRI V.B.SIDDARAMAIAH, ADV.,) AND:
THE STATE OF KARNATAKA BY HARIHARA TOWN POLICE HARIHARA TALUK DAVANAGERE DISTRICT – 577 601 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA 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 PETITIONER ON BAIL IN CR.NO.176/2018 (S.C.NO.36/2019) OF HARIHARA TOWN P.S.
DAVANAGERE FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER The petitioner is arraigned as accused No.1 in S.C.No.36/2019 on the file of Second Additional District and Sessions Judge, Davanagere, registered for the offences under Section 302 r/w 34 of Indian Penal Code.
2. The charge sheet papers divulge that the petitioner and two others and out of them one is juvenile offender who were known to each other and they want to develop themselves as rowdies. In this context, it is alleged that they are quarrelling with one Kantharaju and the accused persons decided to remove said Kantharaju. Accordingly, the said accused persons on 23.10.2018, have purchased a knife, a chopper in the market and kept the same in the house of accused No.1. On the date of the incident that was on 26.10.2018, accused No.2 brought the deceased Kantharaju to Navin Bar & Restaurant, Harihara and took him in an Auto- rickshaw which was brought by accused No.3 and they all went towards NH-4 road. At that time, accused No.1 had purchased a Beer bottle from CW.21 and they all went to knockout the bar shop and purchased liquor and from there, again they went to Government Employees layout, there they consumed alcohol and It is further alleged that accused No.1 cut the neck of the deceased with sickle and accused No.2 assaulted the deceased with a knife on the various parts of the body including chest and stomach. Accused No.3 who is the juvenile offender caught hold the said Kantharaju on the ground and thereby they all committed the murder of deceased Kantharaju.
3. Looking to the above said facts and circumstances almost accused Nos.1 and 2 stand on the same footing as both of them actually assaulted the deceased. Accused No.2 approached the Court for grant of bail and he was released on bail by the Sessions Court, Davanagere. There is a mention in the order passed by the Sessions Judge while dismissing the petition of this petitioner at paragraph No.9 that accused No.2 was already released on bail. On careful perusal of the entire material on record, it is seen that some clothes and weapons were recovered in this connection. One pant, one shirt and iron long, they were all sent to FSL and it is clear from the said report that none of the above seized articles were blood stained.
4. Entire case revolves around the circumstantial evidence and it is to be proved beyond reasonable doubt after full fledged trial. As the co- accused who stand on the same footing is released on bail, in my opinion the petitioner is also entitled to be enlarged on bail. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.176/2018 of Harihara Town Police Station pending in S.C.No.36/2019 on the file of II Additional District and Sessions Judge, Davanagere registered against him for the offence punishable under Sections 302 r/w 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety 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 future hearing dates unless exempted by the Court for any genuine cause.
(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 HJ