IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4118/2019 BETWEEN ZUBER @ JUBER S/O LATE ZABEER AGED 30 YEARS NO.58, 15TH CROSS 1ST MAIN, BAPUJINAGAR MYSORE ROAD BENGALURU - 560026 ... PETITIONER (BY SRI. M.M. ASHOKA, ADVOCATE) AND STATE OF KARNATAKA BY INSPECTOR OF POLICE/SHO KENGERI POLICE STATION BENGALURU – 560060 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560001 …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.431/2018 (S.C.NO.519/2019) OF KENGERI P.S., BENGALURU CITY FOR THE OFFENDE P/U/S 302 AND 201 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 learned HCGP for the respondent-State.
2. The petitioner is cited as accused No.4 in Crime No.431/2018 of Kengeri Police Station, Bengaluru. After investigation, the respondent-police filed charge sheet against as many as eight accused persons.
3. Brief factual matrix of the case are that, the father of the complainant deceased-Ramesh Kumar was doing Plastic Chair business. On 28.11.2018, deceased- Ramesh Kumar left home at about 3.30 PM in his two wheeler to collect the rent from the tenant and he did not return home. Hence, complainant has lodged a missing complaint. On the very same day, he received information from Kengeri Police that, they have recovered a dead body lying in drainage at Dabaspalya. Immediately, complainant went to that place and identified the dead body as of his father. On the basis of the said complaint, a case has been registered.
4. The accused No.1, who alleged to be a master mind in crime, was arrested in the said case. In fact, he disclosed the names of other accused persons. This case is purely based on circumstantial evidence. It appears, based on voluntary statement of accused No.1, the petitioner’s name has been implicated in the crime. Petitioner (A.4), virtually stands on the same footing as that of accused No.5, who is stated to have already enlarged on bail by this Court in Crl. Petition No.2090/2019 vide order dated 30.07.2019. Therefore, this petitioner is also entitled for grant of bail, on the ground of parity. Hence, the following :
ORDER Accordingly, the petition is allowed. Petitioner (A4) is enlarged on bail in connection with SC No.519/2019 (Crime No. 431/2018 of Kengeri Police Station) for the offence punishable under Sections 302 and 201 read with Section 34 of IPC, now pending on the file of LVIII City Civil and Sessions Judge at Bengaluru (CCH-67), subject to the following conditions:
i) The petitioner (A4) shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court;
ii) The petitioner (A4) shall not tamper with the prosecution evidence directly or indirectly;
iii) The petitioner (A4) shall mark his attendance in the jurisdictional police on 1st of every month in between 10.00 A.M and 5.00 P.M. till the trial is concluded.
iv) The petitioner (A4) shall not leave the jurisdiction of the Trial Court without prior permission.
v) The petitioner (A4) shall not indulge in similar type of criminal activities.
KGR* Sd/-
JUDGE