IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5307/2019 BETWEEN:
Sri. Sachin J. S/o. Jayaram Aged about 24 years R/at. No.93/3, 5-A Main Behind Govt. School Bahubalinagar, Jalahalli village Bangalore – 560 054.
…Petitioner (By Sri. K.M. Ravikumar, Advocate) AND:
State by Jalahalli Police Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
... Respondent (By Sri. Rohith B.J., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.116/2017 (S.C.No.1509/2017) registered by Jalahalli Police Station, Bengaluru city, for the offence punishable under Section 302 read with 34 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. Perused the records.
2. The petitioner is arraigned as accused No.6 in S.C.No. 1509/2017 on the file of the LXIV Additional City Civil and Sessions Judge at Bangalore.
3. The brief factual matrix of the prosecution case is that, on 26.08.2017 at about 6.30 p.m., the complainant by name Ravi Kumar was informed over phone by one Akash (eye witness) stating that the deceased was beaten by Chinni boys near Hoysala Circle. Immediately, the complainant went to the spot and noticed that the deceased was beaten to death. Immediately, the body was shifted to M.S. Ramaiah Hospital for treatment. However, the doctor declared the deceased as brought dead.
4. During the course of investigation, the Police found that some of the witnesses are eye witnesses and on that basis, charge sheet has been filed. Subsequently, the petitioner has approached this Court twice and he withdrew the said petitions. Accused No.4 had also earlier approached this Court and withdrew his petition. But on examination of the material witnesses, they filed petitions before the trial Court. As the same was dismissed, accused No.4 approached this Court in Crl.P. No. 3197/2019 and by order dated 6th August, 2019, this Court has granted bail to accused No.4. Common allegations are made against accused No.4 and the present petitioner. This Court has made an observation, considering the evidence of eye witness P.W. 1 who is the complainant and P.Ws.4 and 7 who have turned hostile to the prosecution, and since the entire case is based on the changed circumstances, the accused No.4 is entitled to be enlarged on bail. Hence, the said petition was allowed.
5. On careful perusal of the evidence of the witnesses produced by the learned counsel, it is seen that 26 witnesses have already been examined and all material witnesses, including eye witnesses, have not supported the case of the prosecution. I have also carefully examined the evidence of these witnesses. Even accepting that they have not supported the case of the prosecution, looking to the above said changed circumstances, this Court has granted bail to accused No.4 and this petition also stands on the same footing as that of accused No.4. Therefore, the petitioner is also entitled for bail on the same conditions. Hence, the following :
O R D E R The Petition is allowed. Consequently, the petitioner – accused No.6 is ordered to be released on bail in Crime No.116/2017 (S.C.No.1509/2017) of Jalahalli Police Station for the offences punishable under Section 302 read with Section 34 of IPC on the file of LXIV Additional City Civil and Sessions Judge (CCH-65), Bengaluru city, subject to the following conditions:
(i) The petitioner – accused No.6 shall execute a personal bond for a sum of Rs.2,00,000/-(two lakhs only) with two sureties for the like-sum to the satisfaction of the trial court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall mark his attendance once in a month i.e., 1st of every month before the jurisdictional Police station, till the trial is concluded.
(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.
(v) The petitioner shall appear before the Court regularly, and if he fails to appear on any date of hearing, the trial Court is at liberty to cancel his bail and take him to custody.
Sd/- JUDGE mgn/-