IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4870/2019 BETWEEN:
1. SRI SATISH, S/O LATE ELUMALAI, AGED 24 YEARS, R/AT NO.737, 28TH MAIN, 28TH B CROSS, C P COLONY, CORPORATION, JAYANAGARA 9TH BLOCK BENGALURU-69 2. SRI MANIKANTA, S/O A. V. VINOD, AGED 29 YEARS, R/AT NO.673, C. P. COLONY 28TH MAIN, 28TH CROSS, CORPORATION, JAYANAGAR 9TH BLOCK BENGALURU-69.
(BY SMT.SHASHIKALA, ADV. FOR SRI. S BALAKRISHNAN, ADV.) AND:
STATE BY TALAGATTAPURA PS, BENGALURU RURAL DISTRICT REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001.
(BY SRI. K. P. YOGANNA, HCGP) ... PETITIONERS ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.306/2018 (S.C.NO.356/2018) OF THALAGHATTAPURA P.S., BENGALURU CITY FOR THE OFFNECE P/U/S 120B, 201, 302, 342 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. Petitioners are arraigned as accused Nos.3 and 4 in S.C.No.356/2018 on the file of the IX Additional District and Sessions Judge, Bengaluru Rural District, for the offence under Sections 342, 302, 201, 120B read with 149 of IPC.
3. The prosecution case as per the charge sheet papers reveals that the husband of Vani and the deceased L Prasad Babu, husband of Anitha were friends. They were doing real estate business. It is alleged that deceased Prasad Babu had given a cash of Rs.51,00,000/- to accused no.1 in connection with real estate business. Inspite of repeated requests and demands by the said Prasad Babu, accused no.1 did not return the money. In this context said L Prasad Babu was demanding and telephoning to accused no.1 and informed that on the next date both deceased would come to meet him and he should return the entire money. In this back ground, accused no.1 thought of removing these two persons from the world. Therefore, it is alleged that he conspired with accused nos. 2 to 5, 7 and 8 and instructed them that he would bring the deceased persons near Anjanapura and accused nos. 2 to 5, 7 and 8 went near a godown. Thereafter, accused no.1 alleged to have been brought the deceased persons to the said gowdown and he made them to go inside the godwon, where accused Nos. 2 to 5, 7 and 8, as instructed earlier has to enter the said gowdown and do away with the life of those two persons. In pursuance of the said conspiracy and plan accused no.1 took the deceased persons and he made them to go inside the godwon and thereafter he gave a signal to accused nos. 2 to 5, 7 and 8. They entered the said godown and they packed the face of the deceased persons with plastic tape rolls so as to make their respiratory organ to break down. Because of that reason, both persons breathed their lost.
4. On these allegations police have investigated the matter, collected various materials and laid charge sheet. Admittedly, there are no eye witnesses. There is no circumstance of last seen as to whether the accused persons are seen going from the said place, to the place where their dead bodies were recovered. But, the other circumstance which prosecution would like to connect the accused persons have to be established beyond reasonable doubt during the course of full dressed trial.
5. It appears that accused Nos.2, 5 and 7 were already released on bail in Crl.P.No.804/2019 vide order dated 27.03.2019. It is also observed in the said petition and accused Nos.6, 9 and 10 were already released on bail. On careful perusal of the allegations made against the petitioners, it is seen that they also stand on the same footing as that of accused Nos.2 and 5. Therefore, on the ground of parity, petitioners are also entitled to be enlarged on bail on the same conditions. Hence, the following:
ORDER The petition is allowed. Petitioners (accused Nos.3 and 4) are enlarged on bail in Crime No.306/2018 of Thalaghattapura Police Station in S.C.No.356/2018 pending on the file of the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, registered for the offences punishable under Sections 342, 302, 201, 120B and 149 of IPC, subject to the following conditions:
(i) The petitioners/accused nos.3 and 4 shall execute their personal bonds for a sum of `2,00,000/-(Rupees two lakhs only) with two sureties each for the likesum to the satisfaction of the trial court.
(ii) The petitioners shall not leave the jurisdiction of the trial court without prior permission.
(iii) The petitioners shall mark their attendance once in 15 days between 10.00 a.m. and 5.00 p.m. before the concerned police station, till the trial is concluded.
(iv) The petitioners shall not tamper with the prosecution evidence directly or indirectly.
(v) The petitioners shall regularly appear before the trial court for trial without fail.
Sd/-
JUDGE PKS