IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.7240/2019 BETWEEN:
SRI PRATAP L S/O LINGARAJU AGED ABOUT 20 YEARS R/AT NO.263, ABINEILYA RAMAMANDIRA ROAD CHIKKABANAVARA YESHWANTHPURA BANGALORE – 560090. ..PETITIONER (BY SRI.DILRAJ J ROHIT SEQUEIRA, ADV.) AND:
THE STATE OF KARNATAKA BY GANGAMMANAGUDI POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. ..RESPONDENT (BY SRI HONNAPPA, HCGP) This petition is filed under Section 439 CR.P.C. praying to enlarge the petitioner on bail in Crime No.196/2017 (S.C.No.564/2018) of Gangammana Gudi Police Station, Bangalore City for the offence punishable under Sections 143, 144, 148, 364, 120B, 302, 201 Read with 149 IPC.
This petition coming on for orders this day, the Court made the following:
ORDER Petitioner is arraigned as accused No.1 in Crime No.196/2017 which is charge sheeted in C.C.No.4663/2018 and thereafter, culminated into S.C.No.564/18 for the offence punishable under Sections 143, 144, 148, 364, 120(B), 302, 201 read with Section 149 IPC.
2. The brief facts of the prosecution case is that accused Nos.1 to 11 were friends. About two weeks earlier to the incident, there was a quarrel between the deceased Ajay Kumar and accused No.1. In furtherance to the same, it is alleged that on 14.11.2017 all the accused persons formed into an unlawful assembly and took the deceased from his house towards Air Force Gate particularly, by accused Nos.1 and 2 in the motor cycles. When they reached near Eucalyptus grove at about 11 am, it is alleged that accused No.3 caught hold the deceased and other accused persons assaulted the deceased. Thereafter, on the suggestion of accused Nos. 8 and 11, all the accused persons have carried the deceased on the motor cycle to a shed belonging to one Muthuraj and on the way deceased was again assaulted by all the accused, who succumbed to the injuries. The deadbody was actually brought near the railway track and due to train running over, the body came to be mutilated and thereafter the body was identified by railway police and thereafter, investigated the matter on circumstantial evidence, the police laid charge sheet against all the accused persons.
3. The entire case revolves around the circumstantial evidence. Accused Nos.3 and 6 were seen with the deceased on that particular date. Except that there was no incriminating materials, except recovery of Eucalyptus club at the instance of the petitioners. Of course the cause of death was certified as due to multiple injuries. Looking to the above said facts and circumstances, as this is a circumstantial evidence case, prosecution has to prove the case beyond reasonable doubt during the course of full dressed trial. On the same allegations, accused Nos.4,5,8 and 10 had approached this Court for grant of bail in Crl.P.Nos.2701, 778, 2721, 3584/2018 and those accused persons were already released on bail vide order dated 08.06.2018. Further, on 15.06.2018 in Crl.P.3892/2018 Accused No.11 was also released on bail. Again on 21.06.2018 in Crl.P.3921/2018 the other accused persons were also released on bail. Likewise, in Crl.P.No.5928/2018 accused No.3 has already been released on bail. Therefore, looking to the above said facts and circumstances, almost all the accused persons were already released on bail who stand on the same footing as that of the petitioner. Therefore, in my opinion, petitioner is also entitled to be enlarged on bail on similar conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with (Crime No.196/2017 of Gangammanagudi Police Station) or S.C. No.564/2018 pending on the file of LVI Additional City Civil and Sessions Judge, Bengaluru (CCH-57) registered for the alleged offences subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh 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.
(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 Brn