IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9447/2018 BETWEEN:
Sri Venkateshappa Aged about 60 years S/o Late Muthurayappa R/at Kammasandra Sulibele Hosakote Taluk – 562 114 Bangalore Rural District. ...Petitioner (By Sri B.Ravindra, Advocate) AND:
The State of Karnataka, By Avalahally Police Station, Rep. by SPP High Court of Karnataka, Bengaluru Pin No -560 001. ... Respondent (By Smt Namitha Mahesh B.G., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.355/2018 of Avalahally P.S., Bangalore for the offence p/u/s 120B, 201 and 302 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused No.7 under Section 439 of Cr.P.C to release him on bail in Cr.No.355/2018 (S.C.No.47/2019) of Avalahally Police Station for the offences punishable under Sections 120B, 201 and 302 of IPC.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. It is the submission of the learned counsel for the petitioner that the petitioner/accused No.7 is in nowhere concerned to the alleged crime. He further submitted that the complaint was registered against the unknown persons and subsequently, accused No.11 was apprehended and in his voluntary statement, he disclosed the said fact that accused Nos.2 and 3 brought the old man and kept him in their Farm House and subsequently, they continuously used to give him drinks and some tablets and thereby, in order to take advantage, the accused, by such act, has taken away the life of the deceased. The petitioner/accused No.7 has been inculcated in this case only on the ground that he is an attestor of the Will dated 30.07.2018 which was executed two months prior to the alleged incident. There are no other specific overt acts as against accused No.7 for having involved in the said crime.
4. It is further submitted that the petitioner/accused No.7 is ready to abide by the conditions imposed by this Court and ready to offer sureties to the satisfaction of this Court. On these grounds, he prays to allow the petition and to release the petitioner/accused No.7 on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.7 conspired with accused Nos.1 to 6 and 8 to 11 and thereby, they have created the concocted documents and attested the said Will and thereby, they have also facilitated the accused with an intention to grab the property belongs to the deceased. She further submitted that the petitioner/accused No.7 has also been charge sheeted under Section 120B of the IPC. Hence, he is also equally held liable to the offence committed by the other accused persons. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of both the learned counsel appearing for the parties and perused the records.
7. The only allegation as against the petitioner/accused No.7 is that he is the attestor of the Will dated 30.07.2018, but actually the alleged incident has been taken place on 13.09.2018 subsequent to two months of the attestation of the Will. Further, no specific overt acts have been alleged or incriminating circumstances have been pointed out to show that he was also present, when the alleged incident has been taken place. Under the said facts and circumstances of the case, I feel that by imposing some stringent conditions, if the petitioner/accused No.7 is enlarged on bail, it is going to meet the ends of justice. In that light, petition is allowed.
8. Petitioner/accused No.7 is ordered to be enlarged on bail in Crime No.355/2018 (S.C.No.47/2019) of Avalahally Police Station for the offences punishable under Sections 120B, 201 and 302 of IPC subject to the following conditions:
1. Petitioner/accused No.7 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakh only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance once in a month on every 1st day till the trial is concluded.
Sd/- JUDGE PYR