Sri R Krishnamurthy vs State Of Karnataka on 1 July, 2016

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Karnataka High Court

Sri R Krishnamurthy vs State Of Karnataka on 1 July, 2016

Bench: K.N.Phaneendra

                                 1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 1ST DAY OF JULY 2016

                       BEFORE

       THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

         CRIMINAL PETITION No.4211 OF 2016

BETWEEN:

SRI.R.KRISHNAMURTHY
S/O RAMACHANDRA
AGED ABOUT 23 YEARS
RESIDING AT No.593, 1ST MAIN
5TH CROSS ROAD
NEAR GOVERNMENT SCHOOL
NGO'S COLONY, KAMALANAGAR
BANGALORE - 560 079.
                                        ...PETITIONER
(BY SRI.SRINIVAS.N., ADVOCATE)

AND:

STATE OF KARNATAKA BY
BASAVESHWARANAGARA
POLICE STATION
BANGALORE - 560 079.
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
                                       ...RESPONDENT
(BY SRI.S.VISHWAMURTHY, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL
IN CR.NO.160/2016 OF BASAVESHWARA NAGAR P.S.,
BANGALORE FOR THE OFFENCE P/U/S 143, 147, 149, 307,
302 R/W 149 OF IPC.
                                    2



     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:


                           ORDER

The petitioner is arraigned as accused No.9 in Crime No.160/16 of Basaveshwara Nagar Police Station for the offences punishable under Sections 143, 147, 149, 307, 302 read with Section 149 of IPC.

2. The brief allegations as could be seen from the records are that, on 22.4.2016 at about 6.30 P.M. the deceased Raja @ Pot Rajanna standing at the courtyard of his house at Kamalanagara, Bangalore, asked the complainant to get the helmet to go out in his motorcycle. Accordingly, the complainant went out to handover the helmet to him. At that time, it is alleged that accused Nos.1 and 2 and another accused Girish along with other three accused persons came to the spot in a motorcycle and they started assaulting the deceased Raja on his head, neck and chest with deadly weapons they were holding, as a result of which the deceased sustained bleeding injuries 3 and died at the spot. The said accused persons attempted to assault the complainant also. But he escaped from them with minor injuries.

3. There is no whisper about the presence of this petitioner at the spot. The sessions Court has observed that during the course of investigation, the police have arrested as many as 11 accused persons and of course, it has also observed that there is no overt act attributed to the petitioner and no recovery has been made from him. It is stated that the petitioner is an absentee conspirator with other accused persons. Drawing help from Section 149 of Cr.P.C., the sessions Court has rejected the bail petition. At this stage, as rightly observed by the learned counsel, except the voluntary statement of other accused persons, there is no material to show with regard to the conspiracy between the petitioner and other accused persons who have actually participated and assaulted the deceased. The said conspiracy has to be established beyond doubt during the full fledged trial. When the petitioner has not 4 actually participated in the crime and he has been in judicial custody since long from the date of his arrest, I am of the opinion that considering all the circumstances and also the delay in concluding the trial before the trial Court, the petitioner is entitled to be enlarged on bail.

4. Hence, the following:-

ORDER The petition is allowed. The petitioner shall be released on bail in connection with Cr.No.160/2016 of Basaveshwara Nagar Police Station, Bengaluru, for the offences punishable under Sections 143, 147, 149, 307, 302 read with Section 149 IPC., on 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 solvent sureties for the likesum to the satisfaction of the committal Court or the trial Court as the case may be;

ii) He shall not indulge in hampering the investigation or tampering the prosecution witnesses.

iii) He shall appear before the trial court on all the future hearing dates unless exempted for any genuine cause by the trial court.

iv) He shall not leave the jurisdiction of the trial court without prior permission of the trial court till the case registered against him is disposed of.

Sd/-

JUDGE *alb/-

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