Rudresh @ Battery vs State Of Karnataka on 27 June, 2018

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Karnataka High Court

Rudresh @ Battery vs State Of Karnataka on 27 June, 2018

Bench: John Michael Cunha

                            1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 27TH DAY OF JUNE 2018

                         BEFORE

       THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

            CRIMINAL PETITION NO.4120 OF 2018

BETWEEN:

RUDRESH @ BATTERY
AGED ABOUT 21 YEARS,
S/O LATE JANARDHAN
RESIDENT OF RAJIY NAGAR
NEAR MARAMMA TEMPLE STREET
MECCA MASJID ROAD, DEVASANDRA
K.R.PURAM, BANGALORE - 560 064.
                                         ... PETITIONER

(BY SRI: NAUSHAD PASHA, ADVOCATE)


AND

STATE OF KARNATAKA
BY K.R.PURAM POLICE STATION
BANGALORE - 560 064
REPRESENTED BY
S.P.P.HIGH COURT OF KARNATAKA
HIGH COURT BUILDING,
BANGALORE - 560 001.
                                          ... RESPONDENT

(BY SRI: S.VISHWA MURTHY, HCGP)
                                  2


      THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.163/2017
(S.C.NO.1206/2017) OF K.R PURAM P.S., BANGALORE FOR THE
OFFENCE PUNISHABLE UNDER SECTION 302 R/W 34 OF IPC.


    THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-

                           ORDER

This petition is by accused No.4 against whom charge sheet is laid alleging commission of offence punishable under section 302 read with section 34 of IPC.

2. Heard the learned counsel for the petitioner and the learned HCGP. Learned HCGP has not filed any statement of objections, but has orally opposed the petition.

3. Learned counsel for the petitioner has made available the certified copies of the orders passed in Criminal Petition No.649/2018 dated 09.02.2018 and Criminal Petition No.2053/2018 dated 06.04.2018, wherein accused Nos.2 and 1 respectively are enlarged on bail. The present petitioner stands on the same footing.

4. Common allegations are levelled against all the accused persons alleging that the accused persons murdered the deceased by assaulting with knife. The petitioner herein came to be implicated only on the basis of the voluntary statement of accused Nos.1 and 2. Having regard to the above circumstances, this petition deserves to be allowed on the ground of parity.

5. Hence the following order:-

Criminal Petition is allowed.

a) Petitioner/accused No.4 is ordered to be enlarged on bail on obtaining a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional court.

b) Petitioner shall appear before the court as and when required.

c) Petitioner shall not threaten or allure the prosecution witnesses in whatsoever manner. 4

d) Petitioner shall not get involved in similar offences.

e) Petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court.

Sd/-

JUDGE Bss

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