Karnataka High Court
Shashikumar vs State Of Karnataka on 15 October, 2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER 2020
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.4912 OF 2020
BETWEEN
Shashikumar
S/o Late Venkatesh
Aged about 23 years
R/at Govindashetty Palya Slum
Near Electronic City
Bengaluru - 560 100
...Petitioner
(By Sri Manjunath M R, Advocate)
AND
State of Karnataka by
Suryanagara Police
Rep. by State Public Prosecutor
High Court Building
Bengaluru-560001
...Respondent
(By Sri B.J.Rohith, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.1/2020 of Suryanagar Police Station, Bengaluru for
the offence punishable under Sections 326A, 302 and 120B
of IPC.
2
This Criminal Petition coming on for orders this day
through video conferencing, the Court made the following :
ORDER
Heard both sides.
2. The petitioner is accused No.4 in Crime No.1/2020, registered by the respondent-police. Initially FIR was registered for the offences punishable under Sections 326A, 307 and 120B of IPC. After investigation, the police filed charge sheet for the offences punishable under Sections 326A, 302 and 120B of IPC.
3. According to the charge sheet, the deceased Jothappa had lent Rs.30,000/- to accused No.1. He asked accused No.1 to repay the money. When she told him that she would pay the money back, it is stated that the deceased expressed his desire to have physical contact with her. Therefore accused No.1 told this matter to accused No.2 and they both hatched a plan for killing of deceased. They took the help of accused No.3 and 4, and on 03.01.2020 at about 5.00pm, when the deceased was 3 going to H.Hosahalli from Srirampura, accused No.2, 3 and 4 stopped his motorcycle and attacked him. It is stated that accused No.2 threw thinner on the deceased and set fire to him and the petitioner inflicted an injury on the head and stomach portion of the deceased.
4. It is evident that there are no eye witnesses to the incident. The prosecution has to prove the circumstances. According to the prosecution a knife said to have been used by the petitioner has been recovered at his instance. Except this, there is no material to show that he was a part of conspiracy in the killing of the deceased. Accused No.3 had already been admitted to bail by this Court in Crl.P.No.2913/2020. The position of the petitioner is same as that of accused No.3. For all these reasons petitioner can be admitted to bail. Hence the following:
ORDER Petition is allowed.4
The petitioner is ordered to be released on bail in connection with Crime No.1/2020 registered by Suryanagar Police Station, Bengaluru on his executing a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) and furnishing two sureties for the likesum to the satisfaction of the jurisdictional Court. The petitioner is also subjected to following conditions:
i. He shall not tamper with the evidence collected by the investigating officer ii. He shall not directly or indirectly threaten or induce the witnesses iii. He shall regularly appear before the Court till completion of trial Sd/-
JUDGE Kmv/-