IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.1103/2019 BETWEEN:
Vasu S/o late Venkatesh Prasad Aged about 39 years R/at No.107, 1st Main, Kuvempu Road, Hosaguddadahalli, Mysore Road Bengaluru-560 026.
…Petitioner (By Smt. Pramila Nesargi, Senior Counsel for Smt. Bindu U., Advocate for Sri S.G.Muniswamygowda, Advocate) AND:
State by Kengeri Police Station Kengeri, Bengaluru, Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
(By Sri M.Divakar Maddur, HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.431/2018 of Kengeri Police Station, Bengaluru City, for the offences punishable under Sections 302 and 201 of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R This petition has been filed by the petitioner/ accused No.7 under Section 439 of Cr.P.C. to release him on bail in Crime No.431/2018 of Kengeri Police Station, Bengaluru City, for the offences punishable under Sections 302 and 201 of Indian Penal Code.
2. I have heard the learned Senior Counsel Smt.Pramila Nesargi appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that the father of the complainant deceased Ramesh Kumar Jain was doing a plastic chair business. On 28.11.2018 his father left home at about 3.30 p.m. in his two wheeler to collect the rent from the tenant, but he did not return and he lodged the missing complaint. On the very same day he received information from the police that they have recovered body lying in a drain. Immediately, he went and identified that it was the body of his father. On the basis of the complaint a case has been registered. Thereafter, after investigation charge sheet has been filed.
4. It is the submission of the learned counsel for the petitioner that already charge sheet has been filed and accused No.8 who is the main accused has died in judicial custody. She further submitted that there are no attribution or incriminating material as against the petitioner/accused No.7. She further submitted that only allegation which has been made as against accused Nos.6 and 8 are that they have actually participated in the alleged incident. She further submitted that only because accused No.7 is the friend of accused No.1 he has been falsely implicated in the case. She further submitted that the motive which has been alleged is nothing to do with the petitioner/accused. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds she prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.7 conspired with other accused persons and he has taken supari of Rs.2,00,000/- from accused No.1 and he is also a master mind in the said crime. He further submitted that the petitioner/accused has involved in the serious offence which is punishable with death or imprisonment for life. If he is released on bail he may tamper with the prosecution evidence and may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the charge sheet material there are no allegations or overt acts attributed as against accused No.7. The only allegation which has been made as against the petitioner/accused No.7 is that he has conspired with other accused persons while committing the offence. Even in the complaint and other material the presence of the petitioner/accused No.7 has not been notified or referred. Under the said facts and circumstances and when already charge sheet has been filed, I feel that by imposing some stringent conditions, if the petitioner/accused No.7 is enlarged on bail, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.7 is ordered to be released on bail in Crime No.431/2018 of Kengeri Police Station, Bengaluru City for the offences punishable under Sections 302 and 201 of Indian Penal Code, subject to 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 *AP/-