Karnataka High Court
Prathapa @ Chittoor vs The State Of Karnataka on 4 November, 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF NOVEMBER 2020
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No. 5624 OF 2020
BETWEEN
Prathapa @ Chittoor,
S/o. Late Muniswamy,
Aged about 37 years,
R/at No.135, Behind
Jwalamukhiprest,
K.R.Road, Basavangudi,
Bengaluru-560004.
...Petitioner
(By Sri. M.R.Manjunath, Advocate)
AND
The State of Karnataka
By Basavangudi Police Station,
Bengaluru City,
Rep by Public Prosecutor
High Court Building
Bengaluru-560001.
...Respondent
(By Sri. B.J.Rohith, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C praying to enlarge the petitioner on bail in
Cr.No.46/2020 of Basavanagudi Police Station, Bengaluru
City, for the offence punishable under Section 302 read with
34 of IPC.
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This Criminal Petition coming on for orders through
video conferencing this day, the court made the following:
ORDER
This is a petition under section 439 Cr.P.C. The petitioner is accused No.4. The police registered FIR in Cr. No. 46/2020 for the offence punishable under section 302 read with section 34 of IPC against the petitioner and other accused.
2. Heard both sides.
3. The name of the deceased is one Siddaraju who was working as a cleaner in a bus. On 7.8.2020 at about 11.45 PM, the killing of Siddaraju was informed to his sister- in-law over the phone. When she called to the number from which she had received the call, one Naveen spoke to her and told that Siddaraju was killed by four persons namely Lakshmana @ Lacchi, Katumani, Chethu and Pratap @ Chitturu.
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4. Investigation is completed. According to the charge sheet, CWs 8 and 9 are the persons who saw the deceased for the last time with the accused persons. There are no eye witnesses to the incident. Entire case rests on circumstantial evidence. The prosecution has to prove all the circumstances and at this stage only on the basis of recovery from accused Nos. 1 and 2, it cannot be said that there are prima facie materials against the petitioner also. Therefore, bail can be granted. Hence, I pass the following order : -
(a) Petition is allowed.
(b) Petitioner shall be released on bail on obtaining from him a bond for Rs.2,00,000/-
and two sureties for the likesum to the satisfaction of the trial court. He is also subjected to the following conditions : -
(i) He shall not tamper with the
evidence and threaten the
witnesses.
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(ii) He shall regularly appear before the trial court till conclusion of trial.
Sd/-
JUDGE ckl