IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7862/2019 BETWEEN:
VIJAYAKUMAR @ RANJITH @ MANDE, S/O. LATE VIJAY, AGED ABOUT 24 YEARS, R/AT NO.250/C, 2ND CROSS, BHANGI COLONY, COTTONPET, BENGALURU-560 053. ... PETITIONER [BY SRI. CHANDRASHEKARA K.A., ADVOCATE] AND:
THE STATE OF KARNATAKA BY THE POLICE OF COTTONPET POLICE STATION, BENGALURU-560 053, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.222/2018 (S.C. NO.2035/2018) OF COTTONPET POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 302, 143, 144, 147, 148 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.222/2018 of Cottonpet P.S., Bengaluru, for the offence under Section 302 r/w. 34 of IPC. Charge-sheet has already been filed for the offence under Sections 302, 143, 144, 147, 148, 149 r/w. 34 of IPC in C.C. No.31784/2018, pending on the file of 45th Additional C.M.M., Bengaluru and presently, the matter is committed to the Court of Sessions as per the information given by the learned counsel in S.C. No.2035/2018.
3. The brief facts of the case are that;
The charge-sheet papers divulged that on 21.08.2018 at about 9.45 p.m. when the deceased Rakesh was with C.W.2 and they went near Ameen Tea Shop situated at Jai Bheema Nagar, accused No.1 i.e., the petitioner herein was also there in the said Tea Shop and in fact, the deceased has started teasing this petitioner. In that context, it is stated that accused No.1 with accused Nos.2 to 5 have questioned the conduct of deceased Rakesh. At that time, accused No.2 suddenly took out a knife which was with accused No.5 and stabbed Rakesh on his right side of the back, on the stomach etc. Due to the impact of the said injuries, Rakesh died thereafter.
4. The main allegation is only against accused No.2, who was actually stabbed the deceased. Whether the petitioner at any point of time intended to see that accused No.2 should kill Rakesh or whether accused No.2 would gone to such an extent to kill Rakesh was well within the knowledge of the petitioner has to be established in order to draw an inference about the common intention between the accused persons.
5. On the above said factual aspects, this Court has already released accused Nos.3 and 5 in Crl.P. No.866/2019 c/w. Crl.P. No.1548/2019 vide Order dated 08.07.2019. Under the above said facts, in my opinion, there is no overt- act as alleged against the petitioner herein. In view of the above said facts, the petitioner herein is also entitled to be enlarged on bail on conditions. Hence the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.222/2018 of Cottonpet P.S., Bengaluru, for the offence under Sections 302, 143, 144, 147, 148, 149 r/w. 34 of IPC on the file of LXV Additional City Civil and Sessions Judge, Bengaluru City in S.C. No.2035/2018 subject to 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 likesum 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 off.
Sd/- JUDGE Ksm*