Mohan Kumar H.N @ Vinay Kumar vs State Of Karnataka on 3 March, 2016

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Karnataka High Court

Mohan Kumar H.N @ Vinay Kumar vs State Of Karnataka on 3 March, 2016

Bench: A.V.Chandrashekara

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 3RD DAY OF MARCH 2016

                          BEFORE

    THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA

          CRIMINAL PETITION NO.1309 OF 2016
BETWEEN:
MOHAN KUMAR H.N @ VINAY KUMAR
S/O H.M. NANJAPPA @ PUTTARAJAPPA
AGED ABOUT 32 YEARS
R/A D.NO.371, NETAJI NAGAR
ALANAHALLI
MYSURU - 570008                           ... PETITIONER

(BY SRI.LETHIF B, ADV.)

AND:
STATE OF KARNATAKA
BY NAZARBAD POLICE
MYSORE DISTRICT
REP. BY SPP, HIGH COURT BUILDING
BANGALORE-560001                       ... RESPONDENT

(BY SRI B.J.ESHWARAPPA, HCGP.)

       THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.376/2015 OF NAZARBAD P.S., MYSURU CITY
FOR THE OFFENCE P/U/S 302, 201, 120(B) R/W 34 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. Perused the records.

2. The petitioner is accused No.1 in Cr.No.376/2015 on the file of respondent - Police Station. After concluding investigation charge sheet is filed for the offence punishable under Sections 302, 201 120(B) r/w 34 of IPC.

3. The case on hand relates to the murder of one person by name Nagaendra swamy husband of accused No.3. It is alleged that accused Nos.1 and 3 had illegal contact and in this regard both of them thought that Nagendraw Swamy was an obstacle for their illegal intimacy. The allegation against this petitioner is that he hatched conspiracy with accused No.3 and took the help of accused No.2 and get Nagendra Swamy eliminated. It is alleged that initially murder was projected as though it was a case of death of arising out of motor accident. After 3 recording the further statement of material witness, Sections 302 and 201 came to be invoked.

4. Learned High Court Government Pleader has vehemently opposed the bail application on the ground that this petitioner was the master brain behind the murder of Nagendra Swamy by taking the help of accused No.2 who is a supari killer. Hence, the petitioner is not entitled to be released on bail. Therefore, he requests to dismiss the petition.

5. Statement of CW.2 was recorded on 23.09.2015 i.e., three months after the act of incident in question. Whether such belated statement of CW.2 would really inspire the conspiracy hatched, is to be ascertained after the trial is over. The petitioner is in judicial custody for the past 06 months. He has undertaken to obey any condition which may be imposed on him. Smt. J.S.Sudha

- accused No.3 and Kum.Pooja - accused No.4 have already been released on bail in Crl.P.No.698/2016 and 4 Crl.P.No.697/2016. In this view of the matter, this petitioner is also ordered to be released on bail.

6. Accordingly, the following:-

ORDER The petition is allowed. Petitioner is to be enlarged on bail, subject to the following conditions:-

1. Petitioner shall be released on bail on his executing a personal bond for a sum of Rs.1,00,000/- with one surety, for the like-sum to the satisfaction of the concerned court;

2. Petitioner shall not hold out threats to the prosecution witnesses in any manner;

3. Petitioner shall not involve in any criminal activities.

4. Petitioner shall mark his attendance at the respondent - Police Station once in a week on Sunday between 9:00 a.m. to 5:00 p.m., till the disposal of the case.

5. If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.

Sd/-

JUDGE HJ

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