IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1680/2019 BETWEEN:
Srinivas @ Chappe S/o Late Govindappa, Aged about 30 years, R/at No.13/A, 5th Cross, Maruthi Badavane, Srirampura, Bengaluru-560 021. ... Petitioner (By Sri. Prabhakara.T.C., Advocate) AND:
State of Karnataka By Banashankari Police Station, Bengaluru-560 070.
Rep. by Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.348/2016 (S.C.No.145/2019) of Banashankari Police Station, Bengaluru City for the offences punishable under Sections 143, 144, 145, 147, 148, 427, 307, 302, 120B, 201, 114, 150 and 35 r/w Section 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The petitioner has filed a petition seeking to be enlarged on bail and has invoked Section 439 of Criminal Procedure Code. Petitioner has been in custody pursuant to proceedings in S.C.No.145/2019 with respect to the complaint regarding the alleged offences punishable under Sections 143, 144, 145, 147, 148, 427, 307, 302, 120(B), 201, 114, 150, 35 read with 149 of IPC.
2. The facts that are made out in the complaint are that the deceased had enmity with respect to others and a case had been registered against him in Hebbal Police Station. It is stated that on 02.12.2016, when the deceased had gone to the swimming pool in his new Maruthi Zen car, the accused had come in an Innova car, attacked the deceased and others with deadly weapons and subsequently, though the deceased tried to escape, he was chased and assaulted with deadly weapons and he suffered grievous injuries and succumbed to injuries and died and a complaint came to be registered.
3. It is stated that during the pendency of proceedings, the other accused have been enlarged on bail and the petitioner, who is accused No.3 is also entitled for bail on the principle of parity.
4. The petitioner states that his name was not mentioned in the complaint as well as in the FIR. He has further stated that in the charge sheet it is clear that the imputation as regards accused No.1 is grave as compared to the imputation as regards accused No.3. In fact, the charge sheet states that accused No.3 had assaulted the deceased on his leg and hand. Petitioner states that the clear allegation is that accused No.1 has assaulted the deceased-Avinash on his head, leg and shoulder and it is contended that it is those injuries which was resulted in his death. The petitioner also submits that he has been implicated merely on the basis of the voluntary statement of accused Nos.1 and 2, which ought not to be relied upon. It is further stated that deceased himself was a rowdy sheeter.
5. Taking note of the fact that accused No.1 against whom the imputations in the charge sheet are grave has been enlarged on bail in Crl.P.No.1391/2018 and other accused are also released on bail by virtue of an order passed in Crl.P.No.8587/2017, Crl.P.No.2052/2017, Crl.P.No.1878/2017, Crl.P.No.970/2017, and Crl.P.No.3427/2017.
6. Taking note of the orders passed as regards the other accused, on the principle of parity, the petitioner is also entitled to be enlarged on bail.
7. Accordingly, bail petition filed by the petitioner under Section 439 of Cr.P.C is allowed, subject to the following conditions:
(i) The petitioner shall execute a personal bond of a sum of Rs.1,00,000/- (Rupees Two Lakhs only) with one sureties for the likesum to the satisfaction of the concerned Court.
(ii) He shall not indulge in any criminal activities henceforth.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) Any violation of the aforementioned conditions by the petitioner shall result in automatic cancellation of bail.
(v) The petitioner shall attend the Court regularly.
Sd/- JUDGE RB/GJM