IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.8316 OF 2018 BETWEEN:
1. Vinod @ Billa, S/o Dorai, Aged about 22 years, R/at No.111, Atheek Masjid, 6th Cross, Tang Garden, Jayanagar 1st Block, Bengaluru – 560 052.
2. Hariharan @ Harish, S/o Murugan, Aged about 21 years, R/at No.308, Lalbagh Siddapura, K.M.Colony, Guttepalya, Jayanagar 1st Block, Bengaluru – 560 052.
... Petitioners (By Sri.Chandrashekar R.P., Advocate) AND:
The State of Karnataka, By Wilson Garden Police Station, By its SHO, Bangalore.
Represented by its Public Prosecutor, High Court Complex, Bengaluru – 560 001.
... Respondent (By Sri.S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.112/2017 (S.C.No.162/2018) of Wilson Garden Police Station, Bengaluru for the offences P/U/S302, 307 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners who are accused nos.2 and 3 have filed the present petition to enlarge them on bail with respect to the proceedings in S.C.No.162/2018 for the offences punishable under Sections 302, 307 r/w 34 of IPC.
2. The petitioners state that they have been in judicial custody since 03.09.2017. It is further stated that there was previous enmity between the deceased and Chethan (accused No.1) and in an altercation between the two groups, on 27.08.2017, Karthik and the deceased were stabbed by accused no.1 and subsequently, Karthik succumbed to the injuries and died whereas avinash (CW.14) had sustained injuries. Subsequent to registration of complaint charge-sheet has been filed and accused no.1 has continued to be in custody along with accused nos.2 and 3.
3. It is contended by the learned counsel for petitioner that perusal of the complaint would show that the allegations made in the complaint are specifically with respect to accused no.1 and what has been stated is that there were three other persons along with him. From a perusal of the complaint, it also comes out that the overt acts resulting in injuries leading to eventual death can be attributed to accused no.1. The petitioner’s counsel further contends that the no test identification parade has been conducted. Hence, the question as to whether the accused nos.2 and 3 have any role to play is a matter that has to be proved during trial.
4. Considering the fact that charge-sheet has been filed and investigation has been completed and also taking note of the imputation made to the accused no.1 and role that is sought to be assigned to accused nos.2 and 3 (they have stated to held the deceased when A-1 inflicted stab injuries on the deceased), it would be appropriate to release the petitioners on bail. Accordingly, the bail petition filed by the petitioners under Sec. 439 of Cr.P.C., is allowed, subject to the following conditions:
(i) The petitioners/accused nos.2 and 3 shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) each with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioners/accused nos.2 and 3 shall fully co-operate for expeditious disposal of the trial and shall not indulge in any criminal activities henceforth.
(iii) The petitioners/accused nos.2 and 3 shall not tamper with evidence, influence in any way any witness.
(iv) The petitioners/accused nos.2 and 3 shall physically present himself and mark their attendance before the concerned SHO once in a month till the conclusion of trial.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in automatic cancellation of bail.
Sd/- JUDGE Np/-