IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6777/2017 Between:
Sri R.Kiran @ Kencha, S/o Raju.R, Aged about 20 years, Residing at No.326, 3rd Cross, 2nd Main, Kanteerava Nagar, Nandini Layout, Bengaluru City- 560 096.
(by Sri M.S.Venugopal, Advocate) And:
State of Karnataka, Represented by Nandini Layout Police Station, Bengaluru- 560 096.
(By Sri S. Vishwamurthy, HCGP) …Petitioner ...Respondent This criminal petition is filed under section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.12/2017 (S.C.No.635/2017) of Nandini Layout Police Station, Bengaluru on the file of LXVIII Addl. City Civil and Sessions Judge, Bengaluru for the offences p/u/s 120B, 143, 144, 148, 307, 302 r/w 149 of IPC.
This criminal petition coming on for orders this day, the court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner/Accused No.4 along with five others is chargesheeted by the respondent-police in respect of the offences punishable under Sections 120B, 143, 144, 148, 307, 302 r/w 149 of IPC.
3. The allegation is, in pursuance of enmity between accused No.1 and deceased-Pradeep Kumar, accused No.1 to 6 attacked the deceased- Pradeep Kumar to death and inflicted injuries on CW-1.
4. Learned counsel for the petitioner submits that the petitioner was arrested on 18.01.2017 and no incriminating material is seized at his instance. As per the charge sheet the petitioner assaulted the deceased with a cricket bat. During the spot mahazar one damaged cricket bat was seized from the spot. CWs.1 and 2 are eyewitnesses. CW-1 has not named this petitioner. CW.2 has stated to the effect that he was assaulted with cricket bat by one of the assailants. He has not stated any overt act having been committed by use of the cricket bat on the deceased. That apart I.O. has not shown this petitioner to CWs.1 and 2 subsequent to their arrest for the purpose of identification. The witnesses CWs.5 to 9 are said to have identified this petitioner, bat same is an after thought. Since the investigation is complete, the petitioner may be enlarged on bail. He undertakes to abide by any conditions that may be imposed on him by this Court.
5. Learned HCGP opposes this petition.
6. In the light of the above, since the investigation is complete, the petition is allowed. Petitioner is enlarged on bail in Crime No.12/2017 registered by the respondent-Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the concerned Court; surety shall furnish his original title deed pertaining to his immovable property and his Identity Card/Aadhaar Card before the Court for verification;
(ii) He shall mark his attendance before the respondent-I.O on every alternative Wednesday during office hours till completion of trial.
(iii) He shall attend the Court regularly on all hearing dates;
(iv) He shall not prevail upon or threaten the prosecution witnesses.
(v) Violation of any of the above conditions, entitles the Investigating Officer to seek for cancellation of bail before the trial Court.
Sd/- JUDGE DL