Karnataka High Court
CRL.P/8880/2016 of SRI. RAJANI.M Vs STATE OF KARNATAKA on 29 December 2016
HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF DECEMBER, 2016 BEFORE THE HON’BLE MR. JUSTICE K SOMASHEKAR CRIMINAL PETITION NO.8880/2016 BETWEEN: 1. SRI. RAJANI.M S/O MAHADEVAIAH, AGED ABOUT 23 YEARS, R/AT NO.46, ANJANEYA TEMPLE ROAD, IST MAIN, 4TH CROSS, INDIRANAGARA,
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29[TH]DAY OF DECEMBER, 2016.
BEFORE|
THE HON'BLE MR. JUSTICE K SOMASHEKAR|
CRIMINAL PETITION NO.8880/2016
BETWEEN
1.SRI. RAJANI.M
S/O MAHADEVAIAE,
AGED ABOUT 23 YEARS,
R/AT NO.46, ANJANEYA TEMPLE ROAD,IST MAIN, 4TH CROSS, |INDIRANAGARA, DODDAMARALAVADI, |IST MAIN, 4TH CROSS, |INDIRANAGARA, DODDAMARALAVADI, |
THERU BEEDI ROAD, KANAKAPURA TALUK,RAMANAGARA DISTRICT-5/0045RAMANAGARA DISTRICT-5/0045
2.SRI MAHADEVASWAMY @ MADEVA @SARAKKIMAHESH_SARAKKIMAHESH_
S/O KALAMADEGOWDA,
AGED ABOUT 26 YEARS,
R/AT NO.3, 36TH MAIN ROAD, |
15TH CROSS, NEAR AYYAPPASWAMY TEMPLE, J.P.NAGARA, 6TH STAGE, BANGALORE-560078J.P.NAGARA, 6TH STAGE, BANGALORE-560078
3.SRI GANGADHARA @ GANGA
S/O SIDDAPPA,
AGED ABOUT 24 YEARS,
R/AT NO.10, 2ND CROSS, YALACHENAHALLI,
KANAKAPURA MAIN ROAD, BANGALORE-56005/7
4SRI KEMPEGOWDAN @ KIRANA@KUUNTA.
S/O LATE SHIDLEGOWDA,
AGED ABOUT 23 YEARS,
D)
R/AT KUPPAREDDY ROAD,ANJANEYA TEMPLE ROAD,KANAKAPURA ROAD, THATHAGUNI, |BANGALORE-56005/7
... PETITIONERS
(BY SRI: RAJANNA C, ADV.)
AND
STATE OF KARNATAKABY SUBRAMANYAPURA POLICE STATION, BANGALORE CITY,REPRESENTED BY ITS P.P,HIGH COURT BUILDING,BANGALORE-560001
... RESPONDENT
(BY SRI:K NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON.BAIL IN CR.NO.210/2016 OF SUBRAMANYAPURA P.S.,.BANGALOREFOR.THE|OFFENCE.P/U/S|143,144,147,148,302,364,120B R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERSTHIS DAY, THE COURT PASSED THE FOLLOWING:
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ORDER
Petitioner Nos.1, 3 and 4 who are accused Nos.5, 12.and 13 have filed this petition under Section 439 of Cr.P.Cin Crime No.210/2016 of Subramanyapura Police Station,Bengaluru for alleged offence punishable under Sections|
143, 144, 147, 148, 302, 364, 120B read with 149 of IPC.Tnerefore counsel for the petitioners is seeking for regular|Dail as tney are arrayed as accused Nos.5, 12 and 13 in)the alleged crime. Hence, this petition among the grounds|urged therein.
2. Learned Counsel! for tne petitioners file a memo|seeking permission to withdraw the petition as against)petitioner No.2 who is accused No.11. Hence the petition|as against petitioner No.2 who is accused No.11 is)dismissed as withdrawn. Accordingly ordered.
3. Heard learned counsel for petitioners and learnedHCGP for respondent.
4. Learned counsel! for petitioners during the courseof his arguments has contended that accused are innocentpersons and tney nave not at all committed alleged,offence, despite of it they have been implicated in this case|on the basis of complaint filed by the complainant. It isfurther contended that petitioners were not at all present.
at the scene of offence and there is no nexus between the|murder of one Madesn and between these petitioners. The)petitioners-accused are the only earning member in the)family eking out the livelihood of dependants. It is further|contended by the counsel for petitioners that petitionersare the permanent abode of Bengaluru City. Accused hails|from a respectable family and have deep roots in thesociety and more over accused are ready to abide any.terms and conditions imposed py this court. Tnerefore)counsel is praying for considering the grounds urged in thispetition and for granting bail.
5. Per contra, learned HCGP for respondent nastaken tne contention case against accused in Crime,No.210/2016 for the alleged offence. It has been recordedby the police that on the complaint filed by thecomplainant, the petitioners have been arrested and they|are in judicial custody since from the date of arrest. Hefurther submits that there is prima facie material against|the petitioners and hence, they does not deserve for bail.
Thereforejearned.HCGPpraysforconsideringthe.statement of objections and case came to be registered in|Criminal Misc. No.8176/2016 which is filed before the LIX|Additional City Civil and Sessions Judge, Bengaluru City,|and prays for rejecting the petition.
6. Keeping in view the contentions taken by thecounsel for the petitioners as well as the learned HCGP, itis relevant to note that subsequent to registration of case, it is under investigation and it requires for recordingstatement of witnesses and conducting mahazar and.collecting material documents. Allegations made in the)complaint therefore at this stage does not require detailed|discussion while considering bail petition filed by accused.Learned HCGP submits if accused are released on Dail.certainly they would come in the way of the prosecutioncase and destroy evidence. The apprehension of learnedHCGP could be suitably met with, by imposing suitable|conditions to safeguard the interest of the prosecution. |
7. Therefore for the aforesaid reasons as well as In/the circumstances, I am of the considered opinion tnat the)accused deserves Dail. Hence, I proceed to pass the,following:
ORDER
The Petition is hereby allowed subject to following conditions:
*.+Petitioners-accused Nos.5, 12 and 13 are released.on bail on execution of a personal bond for a sumof Rs.1,00,000/- each with one surety for the|likesum to the satisfaction of the LIX Additional|City Civil and Sessions Judge, Bengaluru in|on bail on execution of a personal bond for a sumof Rs.1,00,000/- each with one surety for the|likesum to the satisfaction of the LIX Additional|City Civil and Sessions Judge, Bengaluru in|
Cr.No.210/2016 of CC No.15213/2016..
*..+Tney snail co-operate with the _ investigatinofficer during the course of investigation.officer during the course of investigation.
*...+They shall not tamper or hamper the case of the|prosecution witnesses.prosecution witnesses.
*.9+Tney snail mark their attendance once in fortnight|as per Englisn montnly calendar between 10.00|a.m. and 5.00 p.m. for a period of three montns.as per Englisn montnly calendar between 10.00|a.m. and 5.00 p.m. for a period of three montns.
T
*9+Tney snail not indulge in criminal activities.
*9.+If they violates any of the above conditions, the|
Dail granted snali automatically stands seized. |
Sd/-|
JUDGE|
*pgn/--