IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.4487/2017 BETWEEN:
Sri Sreenivasa B @ Seena S/o Babu Flex Editing Work Aged about 20 years Resident of Near Krishna Temple Bhidarumele Thota K R Extension Tumakuru Town Tumkur Distirct-572 101. ... PETITIONER (By Sri Chethan B, Adv.) AND:
State of Karnataka By Tumakuru Rural Police Represented by the State Public Prosecutor High Court of Karnataka Bangalore-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.270/2016 of Tumkur Rural P.S., Tumakuru, for the offences P/U/Ss 302, 120(B), 506(B) read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 302, 120(B), 506(B) r/w Section 34 of IPC registered in respondent – police station Crime No.270/2016.
2. Heard the arguments of the learned counsel appearing for the petitioner-accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the averments made in the complaint, FIR and other charge sheet material produced by the counsel for the petitioner along with the petition.
4. Totally there are three accused persons involved in the case. Complainant claims to be the eyewitness to the incident. Looking to the complaint averments it shows that one person was possessing the long and he assaulted the deceased on the head and other parts of the body. But so far as the present petitioner is concerned, in the complaint itself C.W.1 the alleged eyewitness has stated that the petitioner has assaulted the deceased with hands and kicked with his lower limbs. Except this, there are no other overt acts attributed as against this petitioner.
5. Similar allegations were made against accused No.3 and this Court has already considered his case and granted bail by its order dated 21.4.2017 in Crl.P.No.2205/2017.
6. The learned High Court Government Pleader referred to the statement of the complainant recorded under Section 164 of Cr.P.C. and submitted that the complainant has stated that petitioner was also having knife and he assaulted with the knife to the deceased. If the averments in the complaint and the statement recorded under Section 164 of Cr.P.C. are taken into consideration, prima facie, there is no consistency.
7. It is no doubt true that learned High Court Government Pleader has also submitted that the knife and the blood stained clothes of the petitioner were seized at the instance of the petitioner. But looking to the materials placed on record and the averments made in the complaint, so also, the order of this Court under the similar set of allegations as against accused No.3, I am of the opinion that this is a fit case to exercise the discretion in favour of the petitioner-accused No.1.
8. Accordingly, petition is allowed.
Petitioner/accused No.1 is ordered to be released on bail for the offences punishable under Sections 302, 120(B), 506(B) r/w Section 34 of IPC registered in respondent – police station Crime No.270/2016, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp