IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4064 OF 2019 BETWEEN:
THEJAS.N, AGED ABOUT 28 YEARS, S/O.NARASARAJU ACHARI, RESIDING AT NO.42/6, 6TH MAIN, 1ST PHASE, SARAKKI, J.P.NAGAR, BANGALORE-560078. ... PETITIONER (BY SRI.C.H.JADHAV, SR.ADV., FOR SRI.PRAVEEN.C, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY THALAGHATTAPURA POLICE STATION, THALAGHATTAPURA, BANGALORE RURAL DISTRICT, REPRESENTED BY THE S.P.P, HIGH COURT BUILDING, BANGALORE-560 001. ... RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRL.P IS FILED U/S.439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.306/2018 (S.C.NO.356/2018) OF THALAGHATTAPURA P.S., BANGALORE FOR THE OFFENCE P/U/S 342, 302, 201, 120B R/W 149 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioner and learned HCGP for the respondent-State. Perused the records.
2. The prosecution case as per the charge sheet papers reveals that the husband of Vani and the deceased L Prasad Babu, husband of Anitha were friends. They were doing real estate business. It is alleged that deceased Prasad Babu had given a cash of Rs.51,00,000/- to accused no.1 in connection with real estate business. Inspite of repeated requests and demands by the said Prasad Babu, accused no.1 did not return the money. In this context said L Prasad Babu was demanding and telephoning to accused no.1 and informed that on the next date both deceased would come to meet him and he should return the entire money. In this back ground, accused no.1 thought of removing these two persons from the world. Therefore, it is alleged that he conspired with accused nos. 2 to 5, 7 and 8 and instructed them that he would bring the deceased persons near Anjanapura and accused nos. 2 to 5, 7 and 8 to went there near a particular godown. Thereafter, accused no.1 alleged to have been brought the deceased persons to the said gowdown and he made them to go inside the godwon, where accused Nos. 2 to 5, 7 and 8 as instructed earlier has to enter the said gowdown and do away with the life of those two persons. In pursuance of the said conspiracy and plan accused no.1 took the deceased persons and he made them to go inside the godwon and thereafter he gave a signal to accused nos. 2 to 5, 7 and 8. They entered the said godown and they packed the face of the deceased persons with plastic tape rolls so as to make their respiratory organ to break down. Because of that reason, both persons breathed their lost.
3. On these allegations police have investigated the matter, collected various materials and laid charge sheet. Admittedly, there are no eye witnesses. There is no circumstance of last seen as to whether the accused persons are seen going from the said place, to the place where their dead bodies were recovered. But, the other circumstance, the prosecution would like to connect the accused persons have to be established beyond reasonable doubt during the course of full dressed trial.
4. On looking to the above said circumstances, the allegations against accused nos. 1 to 5, 7 and 8 are almost similar. Accused nos. 2 to 5 were already released on bail by this Court vide order dated 27.03.2019 in Crl.P.No.804/2019. It is also observed in the said petition that accused nos. 6 to 9 and 10 were already released on bail. Looking to the above said facts and circumstances, in my opinion, the petitioner herein also stands on the same footing as that of the other accused persons. In the light of the discussions held above, the petitioner is also entitled to be released on bail on the same conditions. Hence, the following:
ORDER The petition is allowed. Petitioner/accused No.1 is enlarged on bail in Cr.NO.306/2018 of Thalaghattapura police Station, in S.C.No.356/2018 pending on the file of IX Addl.
District & Sessions Judge, Bengaluru Rural District, Bengaluru, registered for the offences punishable under Sections 342, 302,201,120B and 149 of IPC subject to the following conditions:
1) The petitioner/accused no.1 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.
2) The petitioner shall not leave the jurisdiction of the trial court without prior permission.
3) The petitioner shall mark his attendance once in 15 days between 10.00 a.m. and 5.00 p.m. before the concerned police station, till the trial is concluded.
4) The petitioner shall not tamper with the prosecution evidence directly or indirectly.
5) The petitioner shall regularly appear before the trial court for trial without fail.
Sd/- JUDGE Psg*