IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.3890/2019 BETWEEN SRI. RADHA KRISHNA S/O MUNIRAJAPPA AGED ABOUT 24 YEARS R/AT NO.5, 5TH CROSS 24TH MAIN, AGARA BENGALURU-560 034 ... PETITIONER (BY SRI. N. NAGARAJA, ADVOCATE) AND STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION BENGALURU, REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 ... RESPONDENT (BY SRI. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.86/2019 OF HSR LAYOUT POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 120B OF IPC.
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. The petitioner is arraigned as accused No.4 in Crime No.86/2019 on the file of HSR layout Police Station.
3. The brief factual matrix as could be seen from the charge sheet papers and also as per the statement of the eye-witness by name Manoj, it is clear that on 21.03.2019 all the accused persons including the petitioner herein, have started quarreling with the deceased Pruthvi @ T.Pruthviraj and abused him in filthy language on the ground that the deceased Pruthvi @ T.Pruthviraj earlier had threatened the brother of accused No.1 that he would kill him. On that ground, on the above said date, some quarrel took place earlier to the incident. Because the police came at that particular point of time ,all the accused persons scattered and went away. Again, on the same day at about 2.30 a.m., in the night, all the accused persons intercepted the deceased Pruthvi @ T.Pruthviraj along with the eye-witness and started abusing the deceased Pruthvi @ T.Pruthviraj and at that point of time, all the accused persons were also present along with accused No.1. It is stated by the eye-witness that accused No.1 assaulted the deceased with knife on the chest and stomach and caused grievous bleeding injuries and thereafter all the accused persons ran away from the spot. Though the deceased was taken to the Hospital, he succumbed to the injuries later.
4. On looking to the above said facts and circumstances of the case, there is absolutely no overt act alleged against the petitioner except stating that he was also present along with Accused No.1, and whether this petitioner knowing fully well that accused No.1 would go to the extent of killing Pruthvi @ T.Pruthviraj on that particular point of time and with that knowledge, he contributed his intention in order to facilitate accused No.1 to kill the deceased Pruthvi @ T.Pruthviraj. This particular aspect has to be thrashed out by the Trial Court during the course of full dressed trial to ascertain or what exactly the intention of the petitioner in going along with accused No.1. It is also submitted that the accused is in Judicial Custody since four months.
5. In the above said facts and circumstances of the case, mere presence of the petitioner(A4) in that particular place, no intention can be inferred. As a matter of fact, that has to be considered during the course of trial. Therefore, under the above said circumstances, the petitioner is entitled to be enlarged on bail. Hence, I pass the following order:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.86/2019 of HSR Layout Police Station on the file of the 6th Addl. CMM Court, Nrupatunga Road, Bengaluru City, registered against him for the offence punishable under Section 302 and 120(B) 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 till the case registered against him is disposed of.
Sd/-
JUDGE PL*