IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5705/2019 BETWEEN Supreeth. M @ Suppi @ Sanjay @ Ganesh, S/o. Mahadeva, Aged about 19 years, R/at: No.49, School Road, Gourishankarnagar, Mysuru – 577 102.
(By Sri. Lethif B., Advocate) AND The State of Karnataka, By Krishnaraja Police Station, Mysuru, Mysuru District – 577 102. Rep. by SPP, High Court Building, Bengaluru – 560 001.
(By Sri. K.P. Yoganna, HCGP) …Petitioner …Respondent This Criminal Petition is filed u/s.439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.65/2019 of Krishnaraja P.S., Mysuru City for the offence p/u/s 302, 307 r/w Section 34 of IPC.
This petition coming on for orders, this day, the Court made the following:
O R D E R Heard and perused the records.
2. The gist of the prosecution case is that on 29.06.2019, the complainant by name Mahesh has lodged a complaint stating that he was working as a Cab Driver at Mysuru and he is having friends in his area and Sunil @ Sunni is one amongst them. As usual, when he was having tea at about 11.00 a.m., in a tea shop situated in Leprosy colony, when the friend of the complainant Sunil came near the tea shop, at that time, the residents of Sollepura village by name Mahesha and Ravi were already present, some accident took place at Nanjanagud road in front of Ashrama and in that accident, a person fell down from the motor-bike and an aged person took some money. When the person who had lost the said amount of Rs.2,000/- asked the aged person for the money, he abused the said person as to why he was asking him about the said money. In this context, the Accused Pramod @ Betta and Avinash @ K.K, residents of Gowrishankar Nagar, who were familiar with each other tried to console the quarrel at the particular point of time. In this context, it is alleged that some quarrel had taken place and accused persons have started assaulting Sunil after abusing him in filthy language and stabbed him on the back with a dagger. Sunil @ Sunni in fact died later and the complainant and others have also sustained some injuries. On these allegations, Police have registered a case for the offence under Sections 302 and 307 read with Section 34 of IPC.
3. The only allegation against this petitioner is that accused No.1, after assaulting the deceased, has requested this petitioner to keep the dagger with him. On the voluntary statement of the accused No.3, the petitioner was apprehended and the said dagger has been recovered from the possession of the petitioner. Except the above said allegation, it appears no other allegations are made with regard to the participation of the petitioner in the crime for the offence under Section 302 or 307 of IPC.
4. Under the above said circumstances, particularly under Section 439 of Cr.P.C., the petitioner is entitled to be enlarged on bail.
5. Hence, the following order:
The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.65/2019 pending on the file of II J.M.F.C Court, Mysuru, registered for the offence punishable under Sections 302 and 307 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 one surety for the like-sum 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 of.
(v) The petitioner shall mark his attendance once in a month on any Sunday between 10.00 a.m., and 5.00 p.m., before the Investigating Officer till the filing of the charge-sheet or for a period of two months whichever is earlier.
Sd/- JUDGE bnv Ct:VBS