IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.2028 OF 2019 Between:
1. Vishal, S/o. Jaya Prakash, Aged about 22 years, R/at. 2nd Cross, VB Layout, K.R. Puram, Bangalore-560 036.
2. P.M. Vishwas, S/o. P. Muniraju, Aged about 22 years, R/at. 12, near Venkateshwara School, K.R. Puram, Bangalore – 560 036.
3. Arbaz @ Arabaz Pasha, S/o. Munawar Pasha, Aged about 22 years, R/at. VB Layout, K.R. Puram, Bangalore-560 036.
... Petitioners (By Sri. Manjunatha G., Advocate) And:
State by K.R. Puram PS, Bangalore City – 560 016, Represented by learned SPP, High Court of Karnataka, Bangalore- 560 001.
... Respondent (By Sri. I.S. Pramod Chandra, SPP-II) This Criminal Petition is filed under Section 439 of Cr.P.C. praying the enlarge the petitioner on bail in Cr. No.516/2018 of K.R. Puram P.S., Bangalore for the offence P/U/S 143, 144, 147, 148, 342, 364, 302, 201, 120B, 212, 214, 109 read with 149 of IPC.
This criminal petition coming on for Orders, this day, the Court made the following:
O R D E R This criminal petition is filed by Accused Nos.4, 5 and 6 respectively in Crime No.516/2018 registered at K.R. Puram Police Station for the offence punishable under Sections 143, 144, 147, 148, 342, 364, 302, 201 and 120B read with 149 of IPC.
2. A case came to be registered in Crime No.447/2018 of Hosakote Police Station for the offence punishable under Sections 302 and 201 of IPC, which was transferred and registered at K.R. Puram Police Station, in the aforementioned crime number. After completion of the investigation, charge sheet was filed against accused Nos.1 to 14 for the offence punishable under Sections 143, 144, 147, 148, 342, 364, 302, 201, 120B, 212, 214, 109 read with 149 of IPC.
3. I have heard the learned counsel appearing for the petitioners and the learned SPP-II, appearing for the respondent-State.
4. The Charge sheet allegation goes to show that on 13.09.2018 at about 11.30 p.m., when the deceased namely Chetan aged about 23 years came near the place of Accused No.1, at that, accused Nos.1 and 2 believing that he is from the gang of Harish @ Pakka, dragged him to a rented house and assaulted him with hands and legs; thereafter secured Accused Nos.7 to 12 and all the accused persons assaulted the deceased with deadly weapons and also confined him in the said house. On the next day, accused Nos.1, 2, 7 to 12 assaulted the deceased and accused Nos.13 and 14 being the parents of Accused No.1 also instigated the other accused to assault him. On account of the same, Chetan succumbed to the injuries.
5. It is the further case of the prosecution that accused No.1 conspired with other accused persons and secured accused Nos.3 to 6 to the said house to cause disappearance of the evidence by burning the dead body and also secured deadly weapons like longs, choppers, wickets etc., Accused Nos.2 to 8 are said to have shifted the dead body on a motor cycle along with Accused Nos.1, 3, 4, 5, 6 and 9. Further, accused No.1 instructed Accused Nos.2 to 6 and 8 to burn the dead body.
6. The learned counsel for the petitioners submitted that similarly placed accused have been enlarged on bail, accused No.2 has been released on bail by this Court in Crl.P.No.732/2019 and accused Nos.3, 7, 8, 9 & 11 have been released on bail by the Sessions Court. He further submits that the petitioners are ready to abide by any conditions which may be imposed against them and accordingly seeks to allow the petition.
7. Per contra, the learned SPP-II opposed grant of bail to the petitioners.
8. The allegations against the present petitioners are that, at the instance of Accused No.1, they caused disappearance of the evidence by shifting the dead body in a motor cycle to a Neelagiri grove situated at Doddadenahalli Village in Hosakote and thereafter burnt the dead body, after disfiguring the face of the deceased. The learned counsel for the petitioners has made available the copy of the order passed by this Court in Crl.P. No.732/2019 wherein this Court has granted bail to Accused No.2. Considering the facts and circumstances of the case and also considering that the other accused are enlarged on bail namely accused Nos2, 3, 7, 8, 9 and 11, the present petition filed by accused Nos.4, 5 and 6 deserves to be allowed.
9. Accordingly, I pass the following:
ORDER The petition is allowed. The petitioners (accused Nos.4, 5 and 6) are ordered to be released on bail in Crime No.516/2018 of K.R. Puram Police Station (C.C. No.60420/2018, on the file of the 10th ACMM Court, Mayohall, Bengaluru) for the offence punishable under Sections 143, 144, 147, 148, 342, 364, 302, 201, 120B, 212, 214, 109 read with 149 of IPC, subject to the following conditions:-
(i) The petitioners shall execute personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) each with two sureties each for the likesum to the satisfaction of the Trial Court;
(ii) The petitioners shall not tamper with the prosecution witnesses directly or indirectly.
(iii) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the learned Sessions Judge.
(iv) The petitioners shall mark their attendants before the jurisdictional police station between 10.00 a.m., and 4.00 p.m., on every Sunday for a period of six months or till commencement of trial whichever is earlier.
sd/- JUDGE Snc