IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7748/2017 BETWEEN:
1. SRIDHAR S/O ARUNVELU AGED ABOUT 45 YEARS RESIDING AT NO.9/1 HANUMMAIAH REDDY ROAD HALASURU BENGALURU – 560 008.
2. S.PRABHU S/O SUBRAMANI AGED ABOUT 35 YEARS RESIDING AT NO.80 3RD CROSS, M.V.GARDEN HALASURU BENGALURU – 560 008. …PETITIONERS (BY SRI RAMESHA H.N., ADV.) AND:
THE STATE OF KARNATAKA BY BAYAPPANAHALLI P.S. REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.90/2017 OF BAYAPPANAHALLI POLICE STATION, BENGALURU CITY, FOR THE OFFENCES P/U/S 120(B), 341, 302, 201, 203 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioners arraigned as A-5 and A-6 respectively along with ten others are charge sheeted by the respondent-police in their Cr.No.90/2017 for the offences under sections 120-B, 341, 302, 201, 203 r/w section 149 of IPC.
3. The allegation is, the deceased Kumar was engaged in finance business, his wife 4th accused being fed up with him, offered supari of Rs.30 lakhs to A-5 and A-5 along with the accused Nos.1, 2, 3, 6 to 11 and 12 conspired to murder deceased Kumar. In pursuance of the same, the 2nd accused procured the deceased through CW-
3, the son of deceased. On 6.4.2017, A-1 to A-3 who were armed with lethal weapons waylaid him, A-1 and A-2 assaulted him to death with the weapons. The 4th accused with an intention to screen the offence lodged a false complaint with the police etc. The role attributed to the petitioners is that, the 5th accused used to call upon the 4th accused through the mobile phone of the son of the deceased; the 6th accused is part of the conspiracy. The petitioners’ role is said to be that of the conspirators. No incriminating material is seized from their possession. Investigation since complete, there is no impediment to allow the petition.
The petition is allowed. Petitioners are enlarged on bail in Crime No.90/2017 of respondent-police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.2,00,000/- each with two local sureties for the likesum to the satisfaction of the concerned Court.
The sureties of the accused shall furnish their Identity card and Aadhar card, and original title deeds of their properties for the perusal of the Court. They shall not have the antecedents of offering surety in criminal cases.
(ii) They shall attend the Court regularly on all hearing dates.
(iii) They shall not threaten the prosecution witnesses.
Dvr:
Sd/- JUDGE