IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4843/2019 BETWEEN:
KRISHNA, S/O LATE HUCHHANARASAIAH, AGED ABOUT 24 YEARS, RESIDENT OF ADAGURU VILLAGE, KASABA HOBLI, GUBBI TALUK – 572 216, TUMKUR DISTRICT.
…PETITIONER (BY SRI.B.CHETHAN, ADVOCATE) AND:
STATE OF KARNATAKA, STATE BY KIBBANAHALLI POLICE STATION, TUMKURU DISTRICT – 572 216.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
…RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.109/2018 OF KIBBANAHALLI POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 302, 201 AND 120-B 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 perused the records.
2. The complaint came to be lodged by the complainant by name Sandeepa stating that on 12.11.2018 at about 10.00 a.m. the dead body of deceased Gangadharaiah with severe injuries on the chest and face was found on the road leading to Ayyanapalya from Rajathadripura road. The complainant who is none other than the brother’s son of deceased Gangadharaiah suspected that some criminals must have committed the murder of deceased Gangadharaiah. He suspected the first wife of Gangadharaiah as there was frequent matrimonial disputes between the husband and wife and she was living separately at Bengaluru. On the basis of the said matrimonial dispute and differences the said lady has contacted accused No.2 and paid an amount of Rs.50,000/- to him, who in turn had took the help of accused Nos.3 and 4 for committing the murder of the deceased.
3. Except the voluntary statement of the accused, at this stage, it appears that no other materials are available so as to connect this petitioner. Considering the above said facts and circumstances, this Court has enlarged accused No.1-Shanthamma on bail in Crl.P.No.3432/2019 vide order dated 30.7.2019. Even on the ground of parity, this petitioner is also entitled for grant of bail on same conditions. Hence, the following:
ORDER The petition is allowed. The petitioner shall be released on bail in connection with C.C.No.77/2019 pending on the file of JMFC, Tiptur, Tumkur District, 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 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 trial Court on all the future hearing dates unless exempted by any genuine reason by the trial Court;
iv) The petitioner shall not leave the jurisdiction of Tumakuru District without prior permission of the trial Court, till the case registered against him is disposed of.
Sd/- JUDGE *alb/-.