IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO. 6145 OF 2017 BETWEEN:
1. BASAVARAJU, S/O KENCHAPPA, AGED ABOUT 26 YEARS, R/AT ACHALU FACTORY, RAMANAGAR-587 640.
2. AKASH, S/O.MUNIRAJ, AGED ABOUT 22 YEARS, R/AT MATHUKUR VILLAGE, KAKODU POST, HESARAGHATTA HOBLI, BANGALORE-560 089.
3. B.VENKATESH, S/O.LATE BAYALAPPA, AGED ABOUT 26 YEARS, R/AT MATHUKUR VILLAGE, KAKODU POST, HESARAGHATTA HOBLI, BANGALORE-560 089.
…PETITIONERS (BY SRI.MOHAMMED PASHA.C, ADVOCATE) AND:
STATE OF KARNATAKA, BY CHANNAPATNA EAST POLICE, CHANNAPATNA, REPRESENTED BY S.P.P, HIGH COURT CAMPUS, BANGALORE-560 001.
(BY SRI.S.VISHWAMURTHY, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.24/2017 (C.C.NO.772/2017) OF CHANNAPATNA EAST P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 143, 147, 148, 120B, 302 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:-
O R D E R Learned HCGP takes notice for the Respondent/State.
2. The petitioners (A7, A12 and A13) along with 13 others are charge sheeted by the respondent police in Crime No.24/2017 for the offences punishable under Sections 143, 147, 148, 120B, 302 read with Section 149 of Indian Penal Code.
3. In pursuance of their previous enmity between the accused and the deceased, the petitioners along with co-accused No.8 to 11 and 14 were deployed to trace the deceased. On seeing the deceased, A-7 passed on the message to the Accused No.1 in pursuance of which, Accused No.1 to 6 waylaid the scooter on which the deceased was proceeding as a pillion rider and assaulted him to death.
4. Similarly placed Accused Nos.8 to 11 are enlarged on bail by the order of this court in Crl. P. No.4462/2017. Investigation since complete, there is no impediment to allow the petition. Accordingly the petition is allowed. The petitioners are enlarged on bail subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the concerned Court.
(ii) They shall attend the Court regularly on all the dates of hearing.
(iii) They shall not tamper the prosecution witnesses.
Chs* Sd/- JUDGE