IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MAY, 2017 BEFORE THE HON' BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.4148 OF 2017 BETWEEN:
SRI SANTHOSH @ SANTHU @ BIRIYANI S/O RANGAPPA, AGED ABOUT 22 YEARS, BIDDAPPA HOUSE 1ST CROSS, 1ST MAIN, KASTURBANAGAR, MYSORE ROAD, BENGALURU-560 040.
(BY SRI R.V.SHIVANANDA REDDY, ADV.,) AND:
THE STATE OF KARNATAKA BY BYATARAYANAPURA POLICE BENGALURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001.
(BY SRI CHETAN DESAI, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.544/2016 OF BYATARAYANAPURA POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned HCGP is directed to take notice for the respondent-State.
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
2. The petitioner/accused No.2 along with two others is charge sheeted by the respondent-Police in their Crime No.544/2016 for the offence punishable under Section 302 read with Section 34 of IPC.
3. The gist of the allegation of the prosecution against the petitioner is, in pursuance of previous money dispute with the deceased, the petitioner/accused No.2 and accused No.1 conspired to finish him off. On 25.12.2016 during evening hours, the accused Nos.1 to 3 surrounded the deceased and stabbed him to death with a knife etc., Similarly placed accused Nos.1 and 3 are enlarged on bail by the order of this Court in Crl.P.Nos.1417/2017 and 2853/2017 dated 5.4.2017 and 19.4.2017. In the given circumstance, there is no impediment to allow the petition.
4. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.544/2016 registered by the respondent- Police, subject to following conditions:
(i) He shall execute a self bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the concerned Court. The sureties shall produce their Aadhar Cards/Identity Cards and the original title deeds pertaining to their immovable properties for perusal of the Court. The sureties shall not have the antecedents of offering surety to the accused persons of any other criminal case;
(ii) He shall attend the Court regularly on all hearing dates;
(iii) He shall not prevail upon or threaten the prosecution witnesses.
Sd/- JUDGE PB