IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.3045 OF 2017 BETWEEN:
1. SUNIL S/O RAJANNA AGED ABOUT 26 YEARS R/AT 1ST MAIN, 2ND CROSS, VRUSHUBAVATHINAGAR, KAMAKSHIPALYA, BENGALURU – 560 079.
2. ANANDKUMAR @ ANANDA S/O NAGARAJA, AGED ABOUT 24 YEARS R/AT DEVAMOCHOHALLI VILLAGE, THAVAREKERE HOBLI, BENGALURU SOUTH TLAUK RAMANAGARA – 562 130.
3. SUDARSHAN @ SUNI S/O NAGARAJA, AGED ABOUT 21 YEARS, R/AT DEVAMACHOHALLI VILLAG E, THAVAREKERE HOBLI, BENGALURU SOUTH TALUK, RAMANAGARA - 562130.
... PETITIONERS (BY SRI. HARISH KUMAR R.S, ADV.) AND STATE OF KARNATAKA REP. BY THAVAREKERE PS, RAMANAGARA – 562 130.
REP BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU.
(By SRI.B.J.ESHWARAPPA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 439 CR.P.C PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.362/2016 (C.C.NO.27/2017) OF TAVAREKERE P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 143,147,148,120B, 302 R/W 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners, who are accused Nos.6, 10 and 11 respectively have been charge sheeted by the respondent-Police in Crime No.362/2016 in respect of offence punishable under Sections 143, 147, 148, 120B, 302 read with 34 of IPC.
3. The allegation is, in pursuance of the enmity between accused No.1 and the deceased, accused No.1 conspired with accused Nos.2 to 8 to do away with the life of the deceased-Naveen Kumar. On the information furnished by accused Nos.9 to 11, accused Nos.1 to 8 went to the ground where the deceased was playing volley ball. They assaulted him to death with lethal weapons and it appears, the victim was admitted to hospital and died while under treatment.
4. The role attributed to petitioner No.1 is, he inflicted blows on the deceased while the co-accused were assaulting him with lethal weapons. The role attributed to petitioner Nos.2 and 3 is that they gave the information of the presence of the deceased at the spot to accused No.1.
5. Having regard to the nature of the allegation, there is no impediment to enlarge the petitioners on bail. Accordingly, following order is passed:
ORDER The petition is allowed. Petitioners are enlarged on bail in Cr.No.362/2016 registered by the respondent- Police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.2,00,000/- each with two local sureties for the likesum to the satisfaction of the concerned Court.
(ii) The sureties shall furnish their Identity card/ Aadhar card and original title deed pertaining to their immovable property for the perusal of the court and the sureties shall not have previous history of standing surety to accused of any other criminal case.
(ii) They shall attend the Court regularly on all the hearing dates.
(iii) They shall not terrorize/prevail upon the prosecution witnesses.
(iv) They shall not leave the jurisdiction of the Sessions court till the conclusion of the trial.
Sd/- JUDGE DM