IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4038 OF 2019 BETWEEN VENUGOPAL @ VENU S/O SHANKARANARAYANA AGED ABOUT 25 YEARS R/AT NO.16, VINAYAKANAGARA 1ST CROSS, NEAR SOUTH INDIAN MALL ARAKERE, BANNERGHATTA ROAD BENGALURU – 560 076 …PETITIONER (BY SRI CHANDRAPPA K.N., ADVOCATE) AND THE STATE OF KARNATAKA KONANAKUNTE POLICE STATION BANGALORE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 …RESPONDENT (BY SRI H.S.CHANDRAMOULI, SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.398/2018 (S.C.NO.650/2019) REGISTERED BY KONANAKUNTE POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 120(B), 143, 147, 148, 323, 307 AND 302 R/W 149 OF IPC AND SECTION 25.1(B)(b) OF ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP for the respondent - State. Perused the records.
2. Petitioner is arrayed as accused No.12 in C.C.No.4446/2019 for various offences including the offence under Sections 307 and 302 of IPC.
3. The main allegation against all the accused persons is that, due to previous ill-will and hatredness, they wanted to do away the life of one Muruga and also CW-1 Ayyanar. Taking advantage of the situation that these persons were found near M.R.P. Wine Stores, all the accused persons gathered there and they caught hold of the deceased as well as CW-1 and some of the accused persons viz., accused Nos.1, 2, 7 and 8 have assaulted with deadly weapons like long, choppers, etc. on various parts of the body of the deceased.
4. It is alleged that this petitioner along with accused Nos.13, 14 and 19 have prevented the deceased from running away from the spot. The similarly placed accused No.14 had already approached this Court in Criminal Petition No.3796/2019 and this Court vide order dated 23rd July 2019 enlarged him on bail on conditions.
5. On careful perusal of the entire charge sheet, this petitioner also stands on the same footing as that of accused No.14. Therefore, in my opinion, the petitioner is also entitled to be enlarged on bail on similar conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.398/2018 of Konanakunte Police Station (S.C.No.650/2019) for the offences under Section 143, 147, 148, 323, 307 and 302 read with Section 149 of IPC and Sections 25-1(B)(b) of the Arms Act, 1959, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with one surety for the like-sum 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 witnesses or influence in any way any witness;
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO;
(v) The petitioner shall not indulge in any criminal activities of like nature;
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
KNM/-
Sd/- JUDGE