IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B. CRIMINAL PETITION No.9026/2017 BETWEEN:
THIMMI @ KARTHIK S/O LATE SWAMY AGED ABOUT 23 YEARS R/O NO.2271, 6TH MAIN, 5TH CROSS, VINAYAKANAGARA MYSORE – 570001. …PETITIONER (BY SRI GIRISH B BALADARE, ADV.) AND:
STATE BY V V PURAM P.S. MYSURU, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001. .. RESPONDENT (BY SRI K NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.142/2016 (S.C.NO.110/2017) OF V.V.PURAM POLICE STATION, MYSURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120(B), 109, 302, 201 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition filed by the petitioner/accused no.8 filed under Section 439 Cr.P.C. seeking his release on bail of the alleged offence punishable under Section 302 IPC registered by the respondent/Police in Crime No.142/2016 and thereafter, the offences under Sections 120(B), 109, 302, 201 read with Section 34 IPC were also inserted in the case.
2. The brief facts of the prosecution case as per the complaint filed by R.Vishwanath on 23.12.2016 that when the deceased Krishna was going to his house after having coffee with the complainant, some unknown persons assaulted the said Krishna at about 10.15 AM and one Manju informed about the said incident to the complainant and they rushed to the said place and shifted Krishna to the hospital but, he died on the same day. On the basis of the said information firstly, the case came to be registered against unknown persons and during investigation, the present petitioner has been arrayed as accused no.8.
3. Heard the learned counsel appearing for the appellant/accused no.8 and also the learned High Court Government Pleader for the State/respondent.
4. I have perused the grounds urged in the petition, FIR and other materials produced in the case. Looking to the prosecution material collected during investigation, it is no-doubt true that there are eyewitnesses to the incident but the eyewitnesses have stated that it is accused nos.1 to 5 assaulted the deceased. Therefore, there is no prosecution material to show that the present petitioner also assaulted the deceased but the only material collected as against the present petitioner is that he was giving information to the other accused persons regarding the movement of the deceased. Therefore, the allegation that he was liable for criminal conspiracy is false. Petitioner/accused no.8 contended that he is innocent and not involved in committing the said offence. There is false implication.
5. Whether there is criminal conspiracy by this petitioner/accused no.8 with other accused persons or not, is a matter of trial. Now that the investigation is completed and charge sheet is filed, by imposing reasonable conditions, he may be admitted to regular bail.
6. Accordingly, petition is allowed. The petitioner shall be released on bail subject to the following conditions:
(i) Petitioner has to execute a personal bond for Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned arresting authority.
(ii) He shall not tamper with any of the prosecution witnesses, directly or indirectly.
(iii) He has to cooperate with the investigation agency as and when called for, for interrogation and further investigation in the matter.
(iv) He has to appear before the concerned Court within 30 days from the date of this order and to execute personal bond and also surety bond.
Sd/- JUDGE brn