IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6031/2019 BETWEEN:
RANJITH, S/O. KANTHARAJU, AGED ABOUT 23 YEARS, R/AT C/O. NAGARAJ BUILDING, IDEAL HOMES, NEAR R.C. HOSPITAL, R.R. NAGAR, BANGALORE-560 078. ... PETITIONER [BY SRI. MOHAN KUMAR D., ADVOCATE FOR SRI. VINAY B.R., ADVOCATE] AND:
STATE OF KARNATAKA, STATE BY RAJARAJESHWARINAGARA PS., REPTD. BY HIGH COURT GOVT. PLEADER, HIGH COURT OF KARNATAKA, BANGALORE-560 001. ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.106/2019 OF RAJARAJESHWARINAGARA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 302 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 HCGP for the respondent-State. Perused the records.
2. The petitioner is the sole accused in the charge- sheet filed by the respondent Police in C.C. No.23419/2019 for the offence under Sections 302 and 201 of IPC.
3. The brief facts of the case are that;
The charge-sheet papers disclose that the witnesses viz., Prabhu, Lakshmanan, Elangovan, Manikantan and deceased Jnanasagar were all working under C.W.13- Harikrishna in a building construction work and they were residing together. Almost everyday, they used to consume alcohol. On 30.06.2019 at 7.45 p.m., there was some ‘galaga’ between the accused and the deceased with reference to a filthy ground that the deceased had taken one mobile belonging to C.W.15. In this context, it is stated that the accused have quarreled with the deceased. On the same day, the deceased frustrated with the activities of the accused and decided to go to his village. At about 10.30 p.m. he left the said place to go to Tamilnadu. The accused also went along with him to leave him to the nearest bus stop. Thereafter, on the next day i.e., on 01.07.2019, dead body of Jnanasagar was found near Ideal Home, 15th Cross Road. After thorough investigation, the police have filed the charge- sheet against the accused. There is no recovery at the instance of the accused. But, it is the case that the accused actually assaulted deceased Jnanasagar and dashed his head to a cement block etc.
4. Looking to the above said facts and circumstances, there is no eye-witness to the incident. The case of the prosecution is that the accused and the deceased were last seen going together at 10.30 p.m. The rivalry between the accused and the deceased is very flimsy. The accused really had an intention to kill Jnanasagar and actually killed Jnanasagar on that day are to be established during the course of full fledged trial. In the above said facts and circumstances, as the charge-sheet has already been filed and the accused is in judicial custody since the date of their arrest, they are entitled to be enlarged on bail with stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with C.C. No.23419/2019 [Crime No.106/2019 of Rajarajeshwarinagara Police Station, Bengaluru City] for the offence under Sections 302 and 201 of 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 two solvent sureties for the likesum 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 off.
Sd/- JUDGE Ksm*