Karnataka High Court
Sridhar vs State Of Karnataka on 10 December, 2021
Author: K. Natarajan
Bench: K. Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.8964/2021
BETWEEN:
1. SRIDHAR
S/O SHIVARAMU
AGED ABOUT 39 YEARS
R/AT SHIVASHYLA NILAYA
4TH CROSS, V.V NAGARA
MANDYA CITY, PIN-571 401
2. SUMANTH. S
S/O SHIVAMANJU
AGED ABOUT 29 YEARS
R/O 10TH CROSS, V. V. PURAM
KALLAHALLI, MANDYA CITY-571 401.
...PETITIONERS
(BY SMT. RAKSHA KEERTHANA.K: ADVOCATE)
AND:
STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
REP BY ITS PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU-560 001
...RESPONDENT
(BY SRI. MAHESH SHETTY: HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONERS PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONERS ON BAIL IN S.C.NO.84/2021 (CR.NO.70/2021) OF
MANDYA WEST P.S., MANDYA DISTRICT FOR THE OFFENCE P//S
143,147,148,341,342,323,324,504,506,302,201 R/W 149 OF IPC
AND SEC.75 OF JJ ACT (CARE AND PROTECTION OF CHILDREN)
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ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE,
MANDYA.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused Nos.3 and 8 under Section 439 of Cr.P.C., for granting regular bail in Crime No.70/2021 registered by the Mandya West Police Station, pending in S.C.No.84/2021 on the file the 1st Additional District and Sessions Judge, Mandya, for the offences punishable under Sections 143, 147, 148, 341, 342, 323, 324, 504, 506, 302 149, 201 of the Indian Penal Code (for short 'IPC') and Section 75 of Juvenile Justice Act (care and protection of children).
2. Heard the arguments of learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
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3. The case of the prosecution is that the complainant-Dilipakumar s/o Kalegowda, relative of the deceased-Darshan filed a complaint before the police on 15.04.2021 alleging that the deceased-Darshan fell in love with Manvitha-CW.2 and on 15.04.2021 in the night hours that CW.2 called the deceased to her house. Accordingly, he came to the house of CW.2 then she said to be locked the room of their parents and both of them were together in the room. On knowing the arrival of the deceased, C.W.2's parents came out there found the deceased was naked hiding under the cot and then he was caught redhanded by accused No.1 along with other accused persons who said to be assaulted him with bamboo sticks and assaulted the deceased. Subsequently, the parents of deceased shifted him to the hospital but the deceased- Darshan succumbed to the injuries. Thereafter, the police have apprehended these petitioners and family 4 members on 15.04.2021 and remanded to judicial custody. The petitioners-accused Nos.3 and 8 have moved bail petition before the Sessions Judge, which came to be rejected. Hence, the petitioners are before this Court.
4. Learned counsel for the petitioners strenuously contended that the petitioners are innocent of the alleged offences. They have been falsely implicated in the case. The petitioners are in custody for more than 7 months and they are ready to abide by any conditions that would be imposed by this Court. Hence, prayed for granting of bail.
5. Per contra, learned High Court Government Pleader seriously objected for granting of bail and contended that if the petitioners are released on bail, they may tamper the prosecution witnesses. Hence, prayed for dismissal of the bail petition. 5
6. Upon hearing the arguments of learned counsel for the petitioners, learned High Court Government Pleader and on perusal of the records, it reveals that accused Nos.2, 7, 9 to 17 are already granted bail by this Court in Crl.P.No.7283/2021 dated 08.12.2021. All these petitioners said to be relatives of CW.2 who said to have committed suicide, subsequently when she was in Balamandir at Mandya. The investigation has been completed and the charge sheet is also filed. Nothing has been recovered from these petitioners. The allegations made against the co- accused persons are already enlarged on bail. Therefore, on the ground of parity these petitioners are also entitled for bail as the main accused No.1 who caused injuries said to be committed death of the deceased. Since the investigation is completed, the presence of the petitioners may not be required for further investigation. The petitioners are said to be 6 permanent residents of the addresses mentioned above and fleeing away from justice does not arise. Therefore, without expressing any opinion on the merits of the case and by imposing stringent conditions, if petitioners-accused Nos. 3 and 8 are granted bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:
ORDER The criminal petition is allowed.
The Trial/Committal Court is directed to release the petitioners-accused Nos.3 and 8 on bail in Crime No.70/2021 registered by the Mandya West Police Station, pending in S.C.No.84/2021 on the file the 1st Additional District and Sessions Judge, Mandya, for the offences punishable under Sections 143, 147, 148, 341, 342, 323, 324, 504, 506, 302 149, 201 of the Indian Penal Code (for short 'IPC') and Section 75 of 7 Juvenile Justice Act (care and protection of children), subject to the following conditions:-
i) The Petitioners shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for likesum to the satisfaction of the trial Court;
ii) The Petitioners shall not tamper with the prosecution witnesses directly or indirectly;
iii) The Petitioners shall not indulge himself in similar offences strictly;
iv) The Petitioners shall take the trial without causing any delay;
v) The Petitioners shall not leave the jurisdiction of this Court without prior permission of the trial court;
vi) The Petitioners shall furnish all the Identity Card proof, Aadhaar card etc., before the court before the release; and 8 If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.
Sd/-
JUDGE SKS