IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE Mrs. JUSTICE RATHNAKALA CRIMINAL PETITION No.4573/2017 BETWEEN:
VIJAYAKUMAR @ VIJI, S/O. KRISHNEGOWDA, AGED ABOUT 25 YEARS, R/O. YACHENAHALLI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573 201.
...PETITIONER (BY SRI R. PRAMOD, ADV. FOR SRI JAGADEESH H.J., ADV.) AND:
STATE OF KARNATAKA BY HOLENARSIPURA TOWN POLICE, HOLENARSIPURA TALUK – 573 115, HASSAN DISTRICT – 573 201.
REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
...RESPONDENT (BY SRI S. VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.349/2016 OF HOLENARASIPURA TOWN P.S., HASSAN, FOR THE OFFENCE P/U/Ss. 302 AND 201 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Sri R.Pramod, learned counsel for the petitioner and Sri S.Vishwamurthy, learned HCGP for the respondent-State.
2. The petitioner-accused No.7 along with six others is charge sheeted by the respondent-police in respect of the offences punishable under Sections 302 and 201 of IPC.
3. The allegation of the prosecution is, accused Nos.1 to 3 decided to finish of the deceased persons. Accused Nos.1 to 4 conspired and procured a car on the night of 17.12.2016 and took Bargur Viji and Child Ravi to a Farm house and assaulted them with lethal weapons with the assistance of accused No.5 and pushed them to a channel. Accused Nos.6 and 7 financed accused Nos.1 to 5 to cause disappearance of evidence.
4. The case of the prosecution rests entirely on the circumstantial evidence. In the given circumstances, there is no impediment to allow the petition.
5. Accordingly, the petition is allowed.
Petitioner is enlarged on bail in Crime No.349/2016 of the respondent-Police, subject to the following conditions:
i. He shall execute a self-bond for a sum of `1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court.
ii. He shall attend the Court on all hearing dates regularly.
iii. He shall not terrorize or threaten or prevail upon the prosecution witnesses.
Sd/- JUDGE TL CT: PN/-