IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3466 OF 2019 BETWEEN:
THIMMARAJA @ NAVEENA S/O GOVINDA AGED ABOUT 28 YEARS RESIDING AT AKKAYAMMA BUILDING NEAR OM SHAKTI TEMPLE JAMBUSAVARI DINNE J.P. NAGARA, 8TH PHASE BANGALORE – 560 079.
... PETITIONER (BY SRI H. V. BHAIRESH, ADVOCATE FOR SRI K. LAKSHMIKANTH, ADVOCATE) AND STATE OF KARNATAKA BY HANUMANTHA NAGARA POLICE STATION BANGALORE REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 01.
... RESPONDENT (BY SRI HONNAPPA, HCGP FOR RESPONDENT) CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 309/2018 (S.C. NO. 292/2019) OF HANUMANTHANAGAR P.S., BANGALORE CITY FOR THE OFFENCE P/U/S 143, 302, 144, 146, 147 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner. Perused the records.
2. The brief facts of the case as could be seen from the materials available on record is that on 22.11.2018 at about 10.30 p.m. the accused said to have joined a marriage party hosted by accused No.2. It is further stated that one Naveen along with brother-in-law by name Putta had joined the party and were introduced by accused No.2. After completion of the party, accused had gone to Satellite Bus stand to buy some cigarettes, at that time, it is alleged that deceased had called the said Putta and started him abusing in filthy language. Because of the reason there were some verbal altercations and subsequently, it is stated that to put an end to the quarrel, accused had decided to meet the deceased and accused No.1 in fact assaulted the deceased and further stabbed the deceased with knife and the deceased succumbed to the injuries. Accused No.5 and present petitioner arraigned as accused No.6 alleged to have been there on the spot and they also assaulted the deceased with hands and kicked the deceased with legs but they were not armed with any weapons and that the incident happened due to sudden quarrel at the spot itself. Looking into the above said circumstances, accused No.5 who stood on the same footing as that of the petitione, who has already been released on bail by this Court in Crl.P.No.2849/2019 vide order dated 04.07.2019, this petitioner is also entitled to be enlarged on bail, on the ground of parity. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Cr.No.309/2018 of Hanumantha Nagar Police Station, Bangalore City, registered against him for the offences punishable under Sections 143, 302, 144, 146, 147 R/w Section 149 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the concerned court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with the evidence or influence in any way any witness.
(iv) In the event of change of address, the petitioner shall inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner shall result in cancellation of bail.
Sd/- JUDGE DKB