IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2090/2019 BETWEEN:
Syed Ahmed, Aged about 24 years, S/o Zameer, R/at At 14th Cross, 1st Main, Bhapujinagar, Mysore Road, Bengaluru-560 026.
(By Sri.Chandrahasa Rai, Adv) AND:
The State of Karnataka, By Kengeri Police Station, Bengaluru, Rept by State Public Prosecutor, High Court Building, Bengaluru-560 001.
(By Sri. Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Crime No.431/2018 (CC.No.5152/2019) of Kengeri P.S., Bangalore City for the offence p/u/s 302, 201 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State.
2. The petitioner is cited as accused No.5 in Crime No.431/2018 of Kengeri Police Station, which culminated in filing the 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 the place and identified the dead body as of his father. On the basis of the complaint lodged by the complainant, a case has been registered.
4. The accused No.1 was arrested, who was alleged to be a master mind about in the said crime. In fact, he disclosed the names of other accused persons. This case is purely based on circumstantial evidence. It appears that based on voluntary statement of accused No.1, the petitioner name has been implicated in the crime. Petitioner-Accused No.5, virtually stands on the same footing as that of accused No. 7, who is already enlarged on bail. Therefore, this petitioner is also entitled for grant of bail, on the same conditions imposed on accused No.7, who is already enlarged on bail.
Accordingly, petition is allowed. Petitioner is enlarged on bail in connection with CC.No.5152/2019 of Kengeri Police Station for the offences punishable under Sections[ 302 and 201 read with Section 34 of IPC on the following conditions.
i) The petitioner shall execute a 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) He shall not tamper with the prosecution evidence directly or indirectly;
iii) He 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) He shall not leave the jurisdiction of the Court without prior permission.
v) He shall not indulge in similar type of criminal activities.
Sd/- JUDGE SB