IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL 2017 BEFORE THE HON’BLE Mrs. JUSTICE RATHNAKALA CRIMINAL PETITION No.1934 OF 2017 BETWEEN:
SRI SOMANNA @ SOMEGOWDA S/O DYAVEGOWDA AGED ABOUT 53 YEARS RESIDENT OF VALLABAI ROAD HASSAN-573 201 PERMANENT ADDRESS:
RANGEGOWDA S/O DYAVEGOWDA AGED ABOUT 53 YEARS CHANNAPATNA KASABA HOBLI HASSAN TALUK – 573 201 HASSAN DISTRICT ...PETITIONER (BY SRI. B.CHETHAN, ADVOCATE) AND:
STATE OF KARNATAKA HASSAN EXTENSION POLICE HASSAN DISTRICT – 573 201 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001 ...RESPONDENT (BY SRI. B.J.ESHWARAPPA, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.219/2016 of Hassan extension police station, Hassan for the offence p/u/s 328, 302, 396 and 201 r/w 149 of IPC.
This petition coming on for orders, this day, the Court made the following:-
ORDER Heard Sri.B.Chethan, learned counsel appearing on behalf of the petitioner and Sri.B.J.Eshwarappa, learned High Court Govt. Pleader for respondent.
2. The petitioner/accused No.9 along with eight others is charge sheeted by the respondent-police in their crime No.219/2016 for the offences punishable under Sections 328, 302, 201 and 396 r/w Section 149 of IPC.
3. The allegation of the prosecution is, accused Nos.1 to 6 were residing in the rented house of C.W.16. They being thirsty of money, decided to finish off someone wearing gold ornaments. Accused No.1 persuaded the deceased to go with her to her house and sedated with a cool drink. After the victim become unconscious, she was murdered and her gold jewelleries were robbed. With the assistance of accused No.8 and 9, they disposed of the body by the side of Majjigekatte Road.
4. There are no eye witnesses to the alleged incident. The stolen articles were seized at the instance of accused Nos.1 and 2. The specific role attributed to this petitioner immediately after the incident is, he assisted to get down the dead body from the loft. Some of the co-accused are already on bail. Since investigation is completed, there is no impediment to allow the petition.
5. Accordingly, petition is allowed. Petitioner is granted anticipatory bail in Crime No.219/2016 of respondent/Hassan Extension Police. In the event of his arrest, he shall be released on bail subject to following conditions:
i) He shall be released on bail on executing 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 Investigating Officer.
ii) He shall appear before the Investigating Officer as and when called upon.
iii) He shall not tamper the prosecution witnesses.
Sd/-
JUDGE bnv*