IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2366/2019 BETWEEN:
Tejas @ Theja S/o. Venkatesh, Aged about 24 years, R/at. No.56, 5th Cross Near Krishna College, Raghavendra Layout, Bagalagunte, Bengaluru Rural District – 58. ... Petitioner (By Sri Pratheep K.C., Advocate) AND:
The State of Karnataka Rep. by Nandini layout Police Station, Bengaluru. Rep. by its State Public Prosecutor, High Court of Karnataka, Bengaluru – 560001. ... Respondent (By Sri K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.138/2016 (S.C.No.302/2017) of Nandini Layout P.S., Bangalore City for the offences punishable under Sections 143, 148, 427, 302 r/w 149 of IPC and Section 3(1) of Prevention of Damage to Public Property Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.138/2016 with respect to the offences punishable under Sections 143, 148, 427, 302 r/w 149 of IPC and Section 3(1) of Prevention of Damage to Public Property Act, 1984.
2. Case of the prosecution is that the complainant was studying in II PUC and her husband was doing a business of ‘false ceiling work’. On 31.07.2016, when the complainant was in her house along with the deceased, on hearing the commotion outside saw the accused persons damaging the windshield of the vehicles. It is further stated that the deceased went out of the house to see what was happening and subsequently, the complainant was informed that the deceased was being assaulted by certain unknown persons and when the complainant went to the spot. At a later point of time she was being informed that the deceased was being assaulted by certain unknown persons and when the complainant went to the spot she saw her husband had sustained injuries and subsequently, he succumbed to injuries.
3. The petitioner states that he was a student and on perusal of the charge sheet it comes out that the accused together were involved in the crime and the charge-sheet doesnot state specifically the role of each accused. The petitioner states in light of the common object attributed to the accused, the question as to the role of each of the accused is a matter for trial. It is further stated that accused Nos.5 to 9, who are similarly situated as the petitioner, has been released on bail by virtue of the order passed in Crl.P.No.4636/2017 and Crl.P.No.5227/2017. The petitioner states that on the ground of parity, he is entitled to be enlarged on bail.
4. Taking note of the fact that investigation is completed and also taking note of the contents of the charge sheet which only states that accused Nos.1 to 9 are involved in the offences and have also together apart from causing damage to the windshield of the vehicles have fatally assaulted the deceased. It is further stated that the petitioner is not involved in any other case pending as against him. Taking note of the fact that the other accused A-3 to A-7 & A-9 who have been accused of assaulting the deceased with common object petitioner is also entitled for bail.
5. Accordingly, bail petition filed by the petitioner under Section 439 of Cr.P.C. is allowed, subject to the following conditions:
(i) The petitioner shall execute a personal bond of Rs.1,00,000/- (Rupees one Lakh only) with a surety for the likesum before the trial Court.
(ii) The petitioner shall fully co-operate with the expeditious disposal of the trial and shall not indulge in any criminal activities henceforth.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness (iv) The petitioner shall physically present himself and mark his attendance before the concerned SHO once in a month till conclusion of the trial.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in automatic cancellation of bail.
Sd/- JUDGE RB