Karnataka High Court
Mohan G.R vs The State Of Karnataka on 20 April, 2017
Author: Rathnakala
Bench: Rathnakala
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.3349/2017
BETWEEN:
MOHAN G.R
S/O RAJANNA
AGED ABOUT 21 YEARS
R/AT NO BIRAPPA COMPOUND,
NEAR KONANAKUNTE BUS STAND,
NEAR SURABHI HOTEL,
NEAR VARUN DRIVING SCHOOL
BANGALORE - 68
... PETITIONER
(BY SRI. CHANDRAPPA K N, ADV.)
AND
THE STATE OF KARNATAKA
HULIMAVU POLICE STATION,
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 01
... RESPONDENT
(BY SRI.K. NAGESHWARAPPA, HCGP)
CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.787/2015 OF HULIMAVU POLICE STATION,
2
BENGALURU CITY, FOR THE OFFENCE P/U/S 143,
147, 148, 364, 324, 307 AND 302 R/W 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner/accused No.6 along with 16 others is charge sheeted by the respondent-Police in Crime No.787/2015 in respect of offence punishable under Section 143, 147, 148, 364, 324, 307 and 302 R/W 149 of IPC.
3. The allegation of the prosecution is, on 01.12.2016 at about 6.30 PM when the complainant and his friend Shivakempegowda were proceeding on two wheeler, at about 7.15 PM accused Nos.1 to 11 with the common object of committing the murder of Shivakempegowda abducted him to the corner of a 3 playground, accused No.1 assaulted the deceased with a rod on his back; accused No.3 stabbed his abdomen; accused No.4, a juvenile in conflict with law stroke at his palms with Talwar; accused No.8 stabbed on his back; accused No.9 stabbed his lower abdomen; accused No.6 assaulted on his neck with a rod; accused Nos.10 to 17 incited the assailants and they also inflicted blows on him when he collapsed and accused No.2 dropped a sized stone on his head. Thus, they done him to death.
4. The specific role attributed to this petitioner is during the incident, he assaulted the deceased with iron rod on his neck. But corresponding injury is not to be seen from the postmortem report. However, the prosecution is yet to prove the nexus between the weapon i.e., iron rod seized at the instance of this petitioner to the injury found on the body of the deceased during the trial. Similarly placed accused Nos.3, 5, 7, 8, 4 9, 10, 11, 12, 13, 14, 17 have already been granted bail by this Court.
5. In the given circumstances, there is no impediment to allow the petition and grant bail to the petitioner. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.787/2015 registered by respondent - police Station, subject to the following conditions:
ORDER
a) He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of trial court.
b) He shall not hold out threats to the prosecution witnesses or lure them in any manner.
c) He shall not indulge in any criminal activities.5
d) He shall mark his attendance before the respondent - police once in a week on every Sunday between 10.00 a.m and 5.00 p.m.
e) If he violates any one of the conditions, the I.O. is at liberty to seek for cancellation of bail.
Sd/-
JUDGE DM