IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4052/2019 BETWEEN:
1. Vettesha, S/o Venkatesha, Aged about 21 years, R/o Near K.R. Market, Mothi Nagara, Kuridoddi, Bengalore.
2. Murugan, S/o Raja, Aged about 24 years, R/o C/o Ramya, 3rd Cross, K.R. Market, Bangalore.
3. Santhosh M., S/o Late Mani, R/o C/o Dhanraj, Councilor House, 3rd Cross, Market Road, Kalasipalya, Bangalore. ... Petitioners (By Smt. Manjula D., Advocate a/w Sri L. Srinivasa Babu, Advocate) AND:
The State of Karnataka, By Jayanagara Police, Tumakuru – 572 102, Rep. by Public Prosecutor, High Court Building, Bengaluru – 560 001. ... Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioners on bail in Cr.No.08/2019 registered by Jayanagara Police Station, Tumakuru for the offences p/u/s 332 and 307 r/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in connection with their detention pursuant to the proceedings in Crime No.8/2019 with respect to offences punishable under Sections 307, 332 r/w 34 of IPC.
2. The case of the prosecution is that the complainant who is a police official has lodged a complaint on 05.02.2019. It is stated that when the Inspector was patrolling, he noticed an Innova Crysta vehicle being parked in a suspicious manner. The Inspector had instructed the complainant to enquire with the driver and other occupants of the vehicle. When the complainant was enquiring, it is alleged that the occupants of Innova Crysta vehicle assaulted the Sub-inspector and it is alleged that accused no.1 tried to drive the car over him. Thereafter, it is stated that they have also assaulted the complainant resulting in injuries. On the basis of the complaint, FIR is registered, investigation is complete and charge sheet has been filed.
3. The learned counsel for petitioner states that the primary allegation is against accused no.1 and that accused no.1 has been enlarged on bail as per the order dated 02.07.2019 passed in Crl.P No.1474/2019 and accordingly, the petitioners are entitled to be enlarged on bail on the principle of parity. It is also submitted that the injuries that are inflicted are simple in nature.
4. Taking note of the fact that investigation is complete, charge sheet is filed and that accused no.1 has been enlarged on bail and also noting that graver allegations are imputed as against accused no.1, petitioners are entitled to be enlarged on bail subject to conditions.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C., is allowed and the petitioners are enlarged on bail Crime No.8/2019 with respect to offences punishable under Sections 307, 332 r/w 34 of IPC subject to the following conditions:
(i) The petitioners shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) each with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioners shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioners shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioners shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-