IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.3294/2019 C/W CRIMINAL PETITION NO.3499/2019 IN CRL.P.NO.3294/2019 BETWEEN:
SRI.YANOSH, S/O PRASHANTH, AGED ABOUT 22 YEARS, R/AT NO.5, 5TH CROSS, 24TH MAIN, AGRA, BENGALURU – 560 034.
(BY SRI.NAGARAJA N., ADV.,) AND:
STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION, BANGALORE.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
(BY SRI. HONNAPPA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.86/2019 OF HSR LAYOUT POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 302, 120(B) OF IPC.
IN CRL.P.NO.3499/2019 BETWEEN:
ARUN KUMAR, S/O MARI GOWDA, AGED ABOUT 22 YEARS, RESIDING AT NO.34, 3RD CROSS, 24TH MAIN, NEAR YALLAMMA TEMPLE, AGARA, BANGALORE – 560 036.
(BY SRI.LAKSHMIKANTH K., ADV.) AND:
STATE OF KARNATAKA, BY HSR LAYOUT POLICE STATION, BANGALORE.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
(BY SRI. HONNAPPA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.86/2019 HSR LAYOUT P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 302, 120B OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent - State. Perused the records.
2. The petitioners herein have been arraigned as accused Nos.3 and 2 respectively in Crime No.86/2019 for the offences under Sections 302 and 120-B of IPC. The brief facts of the case are that one Pruthvi, S/o Thippe Swamy, aged about 19 years, had been to Agara Venkataramanaswamy fair on 21.03.2019, along with one Bhaskar S/o complainant. At about 3.00 a.m. in the night, Bhaskar informed the complainant that himself and Pruthvi were near 24A Main road, 2nd Cross, Karnataka Bakery, some unknown persons came there and stabbed Pruthvi on his chest and committed murder. During the course of investigation, further statements were recorded. It showed that the petitioners and another accused i.e. accused No.4 have prevented Bhaskar and Pruthvi from moving away from that place, in that context, accused No.1 came there and stabbed the deceased.
3. In the above said facts and circumstances of the case, this Court has already released accused No.4 on bail under S.439 Cr.P.C. in Crl.P. No.3890/2019. The present petitioners also stand on the same footing with that of accused No.4. At this stage the common intention cannot be gathered because the overt acts of the accused are totally different. Hence, the petitioners are entitled to be enlarged on bail as also on the ground of parity. Hence the following:
ORDER The Petitions are allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.86/2019 of HSR Layout Police Station, on the file of 6th Addl. CMM Court, Nrupatunga Road, Bengaluru, registered against them for the offences punishable under Sections 302 and 120-B of IPC, subject to the following conditions:
(i) The petitioners shall execute their personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh) each, with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in hampering investigation or tampering the prosecution witnesses.
(iii) The petitioners shall appear before the I.O. / jurisdictional Court on all future hearing dates unless exempted by the I.O./Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
Sd/-
JUDGE sac*