IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6835 OF 2019 BETWEEN:
YOGESH.N.C. @ BHAYANKARA @ ABHI, AGED ABOUT 23 YEARS, S/O LATE CHANDRASHEKAR R/AT NO.89, GURURAGHAVENDRA, 4TH CROSS, APPAYYASWAMY LAYOUT, UTTARAHALLI, BENGALURU – 560 001. …PETITIONER (BY SRI MAHESH KUMAR.K.M., ADVOCATE) AND:
STATE OF KARNATAKA, BY SUBRAMANYAPURA P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR 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 CR.NO.311/2018 (S.C.NO.278/2019) OF SUBRAMANYAPURA POLICE STATION, BENGALURU CITY, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 201 R/W 34 OF IPC AND SECTION 25(1b)(b), 27 OF ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned HCGP for the Respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.2 in Cr.No.311/2018 (S.C.No.278/2019) of Subramanyapura Police Station, Bengaluru City for the offence punishable under Sections 302, 201 r/w 34 of IPC and Section 25(1b)(b), 27 of Arms Act. The case of the prosecution is that a person by name Sushanth @ Peyi and accused No.1 were friends. Infact, petitioner was often demanding money from the deceased, but he refused to pay any amount to the petitioner. In this context, with reference to some money transaction, quarrel arose between accused Nos.1 to 3 and the deceased. Therefore, accused Nos.1 to 3 decided to do away with the life of the deceased. In this background, it is alleged that on 27.09.2018, in the night at about 11.00 p.m. the accused persons took the deceased along with them behind ISKCON Temple, Bengaluru and asked the deceased Sushanth to show a person by name Ravi. But he refused for the same. In that context, it is alleged that accused No.2 has stabbed the deceased and accused No.3 assaulted the deceased with a chopper and accused Nos.2 and 3 also hit a stone on the head of the deceased person.
3. Considering the above-said factual aspects, this Court had already released accused Nos.1 and 3 in Crl.P.No.2147/2019 and Crl.P.No.4910/2019 on 25.07.2019 and 20.11.2019 respectively. The Court had also observed that the statements of the so-called eye- witnesses CWs.2 and 3 does not tally with the allegations made in the charge-sheet and there is much delay in recording the statements of the eye-witnesses. On that basis, this Court had already released accused Nos.1 and 3 on bail.
4. In the above-said facts and circumstances of the case, as the accused No.2 also stands on the same footing as that of accused Nos.1 and 3, on the ground of parity, petitioner herein is also entitled to be enlarged on bail on similar conditions. Hence the following:
ORDER The petition is allowed. Consequently, the petitioner shall be enlarged on bail in S.C.No.278/2019 of Subramanyapura Police Station, Bengaluru City for the offences punishable under Sections 302, 201 read with Section 34 of IPC and Section 25(1b)(b) and 27 of Arms Act, 1959, subject to the following conditions:
(i) Petitioner shall execute a personal bond for sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Court.
(ii) Petitioner shall not tamper with evidence, influence in any way any witness.
(iii) In the event of change of address, petitioner to inform the same to the concerned SHO.
(iv) Petitioner shall not indulge in any other criminal activities of like nature.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Sd/-
JUDGE DH