Karnataka High Court
Sathish vs State Of Karnataka on 20 September, 2017
Author: Rathnakala
Bench: Rathnakala
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION No.7044 OF 2017
BETWEEN:
Sathish,
S/O.Maranna,
Aged About 34 Years,
R/At Near Nelamangala Toll,
1ST Main Road,
2ND Cross, Bommanahalli,
Nelamangala Taluk,
Bengaluru District-562 123. ...Petitioner
(By Sri.Hasmath Pasha, Advocate)
AND
State Of Karnataka By,
Abbinahole Police,
Hiriyuru Taluk-577 598,
Chitradurga District.
High Court Buildings,
Bengaluru-560001. ...Respondent
(By Sri.Chetan Desai, HCGP)
This criminal petition is filed under Section 439 of
the Cr.P.C. Praying to enlarge the petitioner on bail in
Cr.No.41/2017 of Abbinahole P.S., Chitradurga District
2
for the offence P/U/S 143, 147, 148, 341, 504, 324,
307, 120b, 302 r/w 149 of IPC.
This criminal petition coming on for orders this
day, the Court made the following:
ORDER
Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent.
2. The petitioner/accused No.2 is charge- sheeted by the Respondent-Police along with accused No.17 in their Crime No.41/2017 registered in respect of the offences under Sections 147, 148, 341, 504, 324, 307 and 302 read with Section 149 of I.P.C.
3. The case of the prosecution is that in pursuance of property dispute between deceased and the accused persons, on the intervening night of 17.03.2017 and 18.03.2017, the deceased was alerted by A-17 to escape the attack. Relying on the same, she came outside, but was surrounded by accused and was 3 attacked with lethal weapons to death. The specific role attributed to this petitioner-accused No.2 is, he along with accused No.1, assaulted deceased with a chopper. Accused Nos.3 and 4 inflicted blows on her.
4. Learned counsel for the petitioner submits that except accused No.1 and the present petitioner/accused No.2, all other accused are enlarged on bail by order of this Court. The complainant is none other than the eye witness-CW1. The name of this petitioner is not reflected in the FIR. In the statement of eye witness Smt.Sridevi, recorded on 17.03.2017, there was no allegation against this petitioner. Subsequently, in her further statement which is recorded on 27.04.2017, she has implicated this petitioner. Statement of CW3 and CW4 was recorded after delay of 40 days i.e. on 24.04.2017. The investigation is complete now and since, this petitioner is not having any criminal antecedents and he undertakes to abide by 4 any conditions that may be imposed on him, he may be enlarged on bail.
5. Learned HCGP opposes the petition and submits that the blood stained clothes of this petitioner and lethal weapons used for commission of the offence is seized from the house of accused No.3-Gurusiddapa and there is incriminating material against this petitioner for the offence under Section 302 of IPC. If petitioner is enlarged on bail, he will prevail upon the prosecution witnesses.
6. In the light of the above, perused the charge sheet papers. Without expressing opinion as to the merit or demerit of the case, since petitioner is said to be permanent resident of cause title address, not alleged to have any criminal antecedents and since the investigation is complete, there is no impediment to allow this petition, if his presence can be secured on all the dates of hearing.
5Petition is allowed. Petitioner is enlarged on bail in crime No.41/2017 registered the respondent-police subject to the following conditions;
i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the concerned Court;
ii) He shall attend the Court on all hearing dates regularly and punctually;
iii) He shall not terrorize the prosecution witnesses;
Sd/-
JUDGE SB