IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.1281 OF 2017 BETWEEN:
Sri. Raja @ Cat Raja, S/o. Late. Elumalai, Residing at Kolalu Village, Mandya Taluk, Mandya District Pin Code-570501 ...Petitioner (By Sri.M.Parthasarathy, Adv.,) AND:
State of Karnataka By Ramanagara Rural Police Station, Rep. by Special Public Prosecutor High Court Building, Bengaluru-560001. …Respondent (By Sri. B.J.Eshwarappa, HCGP) This criminal petition is filed under section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.148/2016 (C.C.No.26/2016) of Ramanagara Rural P.S., Ramanagara District for the offences P/U/S 143, 147, 148, 307, 302, r/w 149 of IPC and etc.
This criminal petition coming on for orders this day, the court made the following:
O R D E R Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent.
2. The respondent-police initially charge-sheeted 15 accused persons in respect of the offence under Sections 143, 147, 148, 307, 120B, 302, r/w 149 of IPC. Two months thereafter they charge-sheeted the petitioner as accused No.16 in respect of the same offence.
3. The case of the prosecution is in pursuance of political rivalry between the first accused and the deceased Dattatreya, the petitioner engaged supari killers to cause the murder of the deceased on 8.5.2016. The deceased was assaulted to death with lethal weapons by accused Nos. 1, 2 and 6 to 12. By way of additional charge-sheet it is alleged that the petitioner-A16 had designed to murder the deceased for a supari amount of Rs.3,00,000/- and engaged supari killers.
4. Sri M.Parthasarathy, learned counsel for the petitioner, submits that in the FIR petitioner’s name was not there. He is not named by the eye witnesses. It is only after the arrest of accused Nos. 2 and 6 on their voluntary statement, he is implicated. No incriminating material is seized by the investigating officer though he was taken to police custody for three days.
5. Sri.B.J.Eshwarappa, the learned HCGP, opposes the petition on the ground that the petitioner is a habitual offender and is involved in 12 cases for which the learned counsel for the petitioner would react that he is on bail in all the cases and he was procured in this case under body warrant.
6. Accused Nos. 3 to 15 are enlarged on bail by the orders of this Court. Investigation since complete, there is not impediment to allow the petition.
7. Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No. 148/2016 of Ramanagara Rural Police Station, registered by the respondent-police on the following conditions : -
(i) He shall execute a self 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 concerned Court.
(ii) The sureties shall produce the original title deeds pertaining to their immovable properties and their identity, aadhar card, for perusal of the Court and they shall not have the history of offering sureties to the accused persons in any other criminal case.
(iii) He shall attend the Court on all hearing dates regularly and punctually.
(iv) He shall not threaten or prevail upon the prosecution witnesses.
ckl ct-bl Sd/- JUDGE