IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4063 OF 2019 BETWEEN:
Santhosh, S/o Dasegowda, Aged about 32 years, R/at Dasarakoppalu Village, Hassan, Hassan District – 34. …Petitioner (By Sri Pratheep K.C., Advocate) AND:
The State of Karnataka, Represented by Hassan Extension Police Station, Hassan District.
Represented by its State Public Prosecutor, High Court of Karnataka, Bengaluru – 01. …Respondent (By Sri.Rohith B.J., HCGP) This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.240/2018 (S.C.No.236/2018) registered by Hassan Extension Police Station, Hassan For the offence P/U/S 341 and 302 read with 34 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 for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. The petitioner is arraigned as accused No.2 in Crime No.240/2018 of Hassan Extension Police Station, for the offences punishable under Sections 341, 302 and 34 of IPC. After committal, a Sessions Case has been registered in S.C.No.236/2018.
3. The brief facts as could be seen from the charge sheet are that on 23.06.2018, the accused persons have formed into an unlawful assembly near Community Hall, Dasarakoppalu, Hassan town, and conspired themselves to eliminate the deceased Santhosh @ Santu. In furtherance of the same, at about 5.30 p.m., the accused Nos. 1 and 2 had seen the deceased Santhosh @ Santu coming near the community hall. At that time, both the accused persons brought a chopper and knife which was kept near the community hall and accused No.2 assaulted with chopper on the head of the deceased and accused No.1 has also stabbed on the chest and stomach of the deceased and the deceased died at the spot.
4. The entire charge sheet papers as well as the submission made by the learned HCGP discloses that during the course of investigation, the Police have arrested the petitioner and recovered blood stained clothes. Except that circumstance, no other materials are available at this stage. The motive factor is also avertable to accused No.1. Accused No.1 has already been released on bail by this Court in Crl.P. No.4359/2019 decided on 31.10.2019. Hence, on the ground of parity, the petitioner is entitled to be enlarged on bail.
5. Hence, the following :
O R D E R The Petition is allowed. Consequently, the petitioner (Accused No.2) shall be released on bail in connection with Crime No. 240/2018 of Hassan Extension Police Station in S.C. No. 236/2018 on the file of the V Additional District and Sessions Judge at Hassan, for the alleged offences punishable under Sections 341, 302 read with 34 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties 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 Cs CT:SN