Karnataka High Court
Deepak S @ Stephen, vs State By Srirampura P.S on 6 March, 2020
Equivalent citations: AIRONLINE 2020 KAR 281
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH 2020
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.1138/2020
BETWEEN:
DEEPAK S @ STEPHEN
S/O. SHEEVAN
AGED ABOUT 18 YEARS
NO.819, 6TH MAIN, 4TH CROSS
KAMALANAGAR
BENGALURU-560079
...PETITIONER
(BY SRI KODANDARAME GOWDA V, ADVOCATE)
AND:
STATE BY SRIRAMPURA P.S.
REPRESENTED BY PUBLIC PROSECUTOR
BENGALURU CITY
...RESPONDENT
(BY SRI. DIWAKAR MADDUR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.177/2019 OF SRIRAMPURA POLICE
STATION, BENGALURU CITY FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 302
READ WITH SECTION 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioner and learned High Court Government Pleader for the State. Perused the records.
2. The petitioner is arraigned as accused No.10 in Crime No.177/2019 on the file of respondent - Police for the offences punishable under Sections 143, 144, 147, 148, 302 read with Section 149 of Indian Penal Code, 1860.
3. The brief facts of the case are that a lady by name Smt. Sundaramma lodged a complaint stating that she had a son by name Manjunath (deceased) and a daughter by name Rani and they were residing at No.27, 4th Cross, Srirampuram. The deceased Manjunath left school after prosecuting 9th standard and he was working as delivery boy in Zomato at Rajajinagar. Some times, he used to be in his friends' house for 2 to 3 days and thereafter, he used to go to his house.
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4. It is specifically stated that on 26.12.2019, he received a phone call from his friend and he went from his house at about 7.00 p.m. At about 9.30 p.m., the complainant received a telephonic call from Dilip, a friend of deceased Manjunath who used the mobile of one Jayakumar and stated that at about 9.15 p.m. near L.N. Pura 81st bus stand, accused No.1 has secured Manjunath and the eye witness - Dilip to the spot. At that time, accused No.1 - Thilak and other 4 to 5 of his friends suddenly assaulted Manjunath with choppers and knife and caused severe injuries. After seeing that, the said Dilip ran away from the spot. Thereafter, the accused persons went away from the spot. The deceased was shifted to the hospital and there the deceased died succumbed to the injuries.
5. Learned High Court Government Pleader furnished the case diary, in which, the police have recorded the statement of Dilip. On careful perusal of the same, he has mentioned the names of so many persons as accused but conspicuously, the name of this petitioner is absent. His -4- presence during the occurrence of the incident is not stated there nor the overt act of the petitioner is accepted, in the statement of the eye witness, who is stated to have been stayed with the deceased when the incident happened. The whole allegations are made against other accused persons but not against this petitioner.
6. Looking to the above said facts and circumstances, at the earliest point of time, no name of the petitioner finds a place in the FIR nor in the statement of the eye witnesses.
Under the above said facts and circumstances, in my opinion, the petitioner, who has already been arrested and has been in judicial custody since then, is no more required for further investigation in this case. Therefore, he is entitled to be enlarged on bail on stringent conditions. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime -5- No.177/2019 of Srirampura Police Station on the file of VII Additional Chief Metropolitan Magistrate Court, Nrupathunga Road, Bengaluru City, registered for the offences punishable under Sections 143, 144, 147, 148, 302 read with Section 149 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/-(Rupees One lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/-
JUDGE PYR