Sanju @ Sanjay vs State By Pandavapura Police Station on 15 June, 2018

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Karnataka High Court

Sanju @ Sanjay vs State By Pandavapura Police Station on 15 June, 2018

Bench: John Michael Cunha

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 15TH DAY OF JUNE, 2018

                             BEFORE

    THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA

            CRIMINAL PETITION NO.3927/2018

BETWEEN:

Sanju @ Sanjay
S/o Venkatesha
Aged about 21 years
R/at Honagalahalli village
Pandavapura Taluk
Mandya District-571436                        ...Petitioner

(By Sri Sreenivasan M Y, Advocate)

AND:

State by Pandavapura
Police Station, Pandavapura
Mandya District-571436
R/p by SPP, HCK
Bengaluru - 560 001                        ... Respondent

(By Sri S. Vishwa Murthy, HCGP)

      This Criminal Petition is filed under Section 439 of
Cr.P.C., praying that this Hon'ble Court may be pleased to
enlarge the petitioner on bail in Crime No.1/2018 of
Pandavapura Police Station, Mandya Dstrict for the offence
punishable under sections 143, 147, 326, 504, 307, 302
read with 149 of IPC.
                               2




      This Criminal Petition coming on for orders this day,
the Court made the following:

                            ORDER

Petitioner is accused No.8. Charge sheet is laid against eight accused persons for the offence punishable under Sections 143, 147, 504, 326, 307 and 302 read with Section 149 of IPC.

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader.

3. Learned High Court Government Pleader has not filed any statement of objections, but has orally opposed the petition.

4. Case of the prosecution is that, on the night of new year i.e., on 31.12.2017/01.01.2018 at about 01.30am, the accused persons picked up quarrel with the deceased out of previous enimity. During the incident, accused No.2 stabbed on the stomach portion of the deceased leading to his death.

5. The trial Court has enlarged accused Nos.3, 5 and 6 on bail. The application filed by the present petitioner has been rejected, without considering parity. The allegations made against accused Nos.2 to 8 are that, they were present at the spot. No other specific overt-act is alleged against this petitioner/accused No.8. Therefore, this petitioner also requires to be enlarged on bail on the ground of parity. Hence, the following:

ORDER Petition is allowed.

i. The petitioner is ordered to be enlarged on bail on furnishing a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties to the like sum to the satisfaction of the jurisdictional Court;

ii. The petitioner shall appear before the Court as and when summoned;

iii. The petitioner shall not threaten or allure the prosecution witnesses in any manner;

iv. The petitioner shall not leave the jurisdiction of the Trial Court without prior written permission.

Sd/-

JUDGE Kmv/RB*

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