IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7877/2019 BETWEEN:
SRINIVASA.
S/O LATE HANUMANTHARAYAPPA. AGED ABOUT 45 YEARS, R/A BYDAGERE VILLAGE, KADABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT – 572 113.
… PETITIONER (BY SRI N.H. RANGANATHA ADVOCATE) AND:
STATE OF KARNATAKA BY GUBBI .P.S.
REP BY HCGP HIGH COURT OF KARNATAKA.
BANGALORE – 560 001. ... RESPONDENT (BY SRI ROHITH B.J, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.141/2019 (C.C.NO.757/2019) OF GUBBI P.S., TUMAKURU FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS .THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. Petitioner is arraigned as accused No.2 in the charge sheet filed by the respondent – Police in C.C.No.757/2019 of Guppi Police Station, Tumkuru, on the file of the Senior Civil Judge & JMFC., Gubbi, for the offence under Section 302 read with Section 34 IPC.
3. Brief facts of the case, as could be seen from the charge sheet papers, are that the deceased Giridhara and accused No.1 – Siddegowda were having some differences with regard to their immovable house property. They belong to same village i.e., Byadagere Village, Kadaba Hobli, Gubbi Taluk. Accused Nos.1 and 2 are friends. Accused No.1 told accused No.2 about the differences between himself and deceased and they decided to do away with the life of deceased. In this context, it is alleged that on 14.06.2019, when the deceased Giridhara was in front of his house, accused No.1 started quarrelling with the deceased and assaulted him on his chest, stomach and testicles. Accused No.2 kicked him from back side and thereafter, accused No.1 has made the deceased to fell down and put his leg on the neck of the deceased and committed his murder.
4. The above said overt act of accused No.2 that he assaulted only on the back side of the deceased with the knowledge that accused No.1 may commit murder by putting his leg on the neck of the deceased has to be established during the course of full dressed trial in order to attract the provisions of Section 34 IPC.
5. Under the above said facts and circumstances of the case, the whole allegations are against accused No.1. Therefore, petitioner at this stage, in my opinion, is entitled to be enlarged on bail as charge sheet has already been filed and he has been in judicial custody. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with C.C.No.757/2019 on the file of Senior Civil Judge and JMFC., Gubbi, registered for the offence punishable under Section 302 read with Section 34 IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE PKS