IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.2590 OF 2017 BETWEEN:
1. MR YOGESH AGED ABOUT 29 YEARS S/O MR VENKATESH R/AT: MOORAKANAHALLI VILLAGE SEELANERE HOBLI, K.R.PET TALUQ, MANDYA-571401 2. MR. GIRISH AGED ABOUT 31 YEARS S/O MR VENKATESH R/A MOORAKANAHALLI VILLAGE SEELANERE HOBLI K R PET TALUQ MANDYA-571401 3. MR RAGHU AGED ABOUT 28 YEARS S/O MR SWAMY GOWDA R/A NARAYANAPURA VILLAGE PANDAVAPURA TALUQ MANDYA-571401 4. MR SANTHOSH AGED ABOUT 24 YEARS S/O MR VENKATESH R/A MOORAKANAHALLI VILLAGE SEELANERE HOBLI K R PET TALUQ MANDYA-571401 5. MR ABHI AGED ABOUT 25 YEARS S/O MR SURESH R/A MOORAKANAHALLI VILLAGE SEELANERE HOBLI K R PET TALUQ MANDYA-571401 6. MR MANJA AGED ABOUT 35 YEARS S/O LATE MR MAHADEVAIAH R/ACHAMANAHALLI MADDUR TALUQ MANDYA-571401 7. MR S B SIDDESH AGED ABOUT 25 YEARS S/O MR BASAVARAJU R/A ANAGAVADI VILLAGE MALEBANNUR HOBLI HARIHARA TALUQ DAVANAGERE-577002 8. MR PARSHURAMA AGED ABOUT 24 YEARS S/O THIMMANNA R/A HANAGAVADI VILLAGE MALEBANNUR HOBLI HARIHARA TALUQ DAVANAGERE-577002 9. MR SHIVU AGED ABOUT 20 YEARS S/O UMAPATHI R/A KODAGAPURA VILLAGE GUNDLUPET TALUQ CHAMARAJANAGARA-571303 (PRESENTLY UNDER DURESS AT:DISTRICT PRISON, MANDYA) ... PETITIONERS (BY SRI. SATYANARAYANA CHALKE S, ADV.) AND THE STATE OF KARNATAKA REP BY THE STATION HOUSE OFFICER K R PET RURAL POLICE STATION MANDYA-571401 ... RESPONDENT (BY SRI B.J.ESHWARAPPA, HCGP) CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.1/2017 OF K.R.PET RURAL POLICE STATION, MANDYA, FOR THE OFFENCE P/U/S 143,147,148,120(B),324,302,212 R/W 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners, who are accused Nos.2 to 7 and 9 to 11 along with two others are charge sheeted by the respondent-Police in Crime No.1/2017 in respect of offence punishable under Sections 143, 147, 148, 120B, 324, 302, 212, 201 read with 149 of IPC.
3. The allegation of the prosecution is, in pursuance of their previous enemity with the deceased, Harisha @ Gunda, the accused persons conspired to finish him off. On the night of 31.12.2016, on the eve of New Year party, the accused persons surrounded the deceased and accused No.1 stabbed on the stomach of the deceased with a dagger and thereafter, they escaped. CWs1, 2 and 5 are eye witnesses to the incident.
4. There is some discrepancy in the narration of the incident in the statements of witnesses recorded under Section 161 of Cr.P.C. and 164 of Cr.P.C. Further, it is for the prosecution to prove the same during the trial. For the present, it suffices to observe that the petitioners are in custody since 3.1.2017 and no incriminating material is seized from their possession. Investigation having been complete, there is no impediment to enlarge the petitioners on bail. Accordingly, the following order is passed:
ORDER The petition is allowed. Petitioners are enlarged on bail in Cr.No.1/2017 registered by the respondent-Police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.2,00,000/- each with two local sureties for the likesum to the satisfaction of the concerned Court.
(ii) The sureties shall furnish their Identity card/ Aadhar card and original title deed pertaining to their immovable property for the perusal of the court and the sureties shall not have previous history of standing surety to accused of any other criminal case.
(ii) They shall attend the Court regularly on all the hearing dates.
(iii) They shall not terrorize or put threat to the prosecution witnesses.
(iv) They shall not leave the jurisdiction of the Sessions court till the conclusion of the trial.
Sd/- JUDGE DM