IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.8301 OF 2019 BETWEEN:
VENKATESH S/O MUTTARASAPPA AGED ABOUT 38 YEARS OCC: AGRICULTURIST R/O NO.20, MACHOHALLI COLONY MACHOHALLI, BENGALURU-562 130 … PETITIONER (BY SHRI. P.B. UMESH, ADVOCATE FOR SHRI. RAVINDRA B. DESHPANDE, ADVOCATE) AND:
THE STATE OF KARNATAKA BY MADANAYAKANAHALLY POLICE STATION NELAMANGALA SUB-DIVISION BENGALURU DISTRICT-562 123 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001 … RESPONDENT (BY SHRI. R.D. RENUKARADHYA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.162/2019 OF MADANAYAKANAHALLY P.S., BENGALURU FOR THE OFFENCES P/U/Ss. 143, 147, 148, 341, 114, 302, 109, 120B AND 149 OF IPC AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition is presented by accused No.6 in C.C.No.1631/2019 pending on the file of I Additional Civil Judge and JMFC, Nelamangala, seeking bail under Section 439 of Cr.P.C.
2. Heard Shri P.B.Umesh, learned advocate for the petitioner and Shri R.D.Renukaradhya, learned HCGP for the State.
3. Shri Umesh submitted that on 15.04.2019, FIR No.162/2019 was registered in Madanayakanahalli Police Station, based on a complaint given by C.W.1 that his brother was murdered at 2:00 p.m. on that day. Police, after investigation, have filed the charge sheet against 14 persons for offences punishable under Sections 109, 114, 120B, 143, 147, 148, 149, 302 and 341 of IPC.
4. Shri Umesh, further submitted that accused No.3- Ramesh has been granted bail by this Court in CRL.P.No.7726/2019 decided on 27.11.2019. This Court has recorded in Paragraph No.5 of the order that a knife was recovered from accused No.3. Objection raised by the prosecution in that case with regard to the statement of eyewitness, C.W.2 has also been considered, by this Court, extensively. The incident has taken place on 15.04.2019. The statement of eyewitnesses have been recorded belatedly.
5. Learned HCGP submitted that in the case on hand, statements of four eyewitnesses namely, C.W.2 was recorded on 19.04.2019, C.Ws.3 and 4 on 22.04.2019 and C.W.5 on 15.04.2019. Out of the said statements, learned HCGP relied upon the statement of C.W.2 and argued that C.W.2 has stated in her statement that petitioner and one Kumar had assaulted the victim.
6. I have carefully considered the rival submissions and perused the records.
7. It is relevant to note that statement of C.W.2 has been considered in extenso in Paragraph No.6 of the order in CRL.P.No.7726/2019. This Court has recorded that statement of C.W.2 was recorded on 19.04.2019 and it is not forthcoming as to why statement of witnesses was not recorded at an earlier point of time.
8. It is recorded by this Court that a knife has been recovered at the instance of accused No.3. After considering the statement of C.W.2, this Court has granted bail to accused No.3. There is no recovery at the instance of petitioner. Charge sheet has already been filed. In the circumstances, this petition merits consideration on the ground of parity also. Hence, the following;
ORDER The petition is allowed. Consequently, the petitioner (accused No.6) – Venkatesh shall be released on bail in connection with Crime No.162/2019 registered in Madanayakanahalli Police Station for offences punishable under Sections 143, 147, 148, 341, 114, 302, 109, 120B and 149 of IPC on the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court;
(ii) The petitioner shall not indulge in tampering the prosecution witnesses;
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause;
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of; and (v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Sd/- JUDGE AV