Karnataka High Court
CRL.P/9310/2017 of PATRICK Vs THE STATE OF KARNATAKA on 28 December 2017
COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION No.9310/2017 BETWEEN: PATRICK S/O PETER, AGED ABOUT 25 YEARS R/AT NEAR GANESHA TEMPLE, 2ND MAIN, T.C.PALYA MAIN ROAD, K.R.PURAM, BENGALURU-560 036.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28[TH]DAY OF DECEMBER, 2017.
BEFORE.
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.9310/2017
BETWEEN:
PATRICK.S/O PETER,AGED ABOUT 25 YEARS.R/AT NEAR GANESHA TEMPLE, |2ND MAIN, |T.C.PALYA MAIN ROAD,K,R.PURAM,BENGALURU-560 036. ~ PETITIONER|
(BY SRI RAMESHA H N., ADVOCATE)
AND:
THE STATE OF KARNATAKABY PULIKESHINAGAR POLICE STATION, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KARNATAKA,BENGALURU-560 OO1. RESPONDENT|
(BY SRI K.NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 OFCR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING.THAT THIS HON BLE COURT MAY BE PLEASED TO!ENLARGE THE PETITIONER ON BAIL IN CRIME NO.90/201/7(S.C.NO.1182/2017)OF|PULAKESHINAGARPOLICE|
STATION, BENGALURU CITY FOR THE OFFENCE P/U/S|120(B),341,302,201,203 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERSTHIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard learned counsel for petitioner and learned|HCGP for respondent.
2. |The substance of the complaint as could be seen.is that on 06.04.2017 complainant’s husband at 11.45.went for his duty and at 4 P.M. there was a telephone.call to the complainants mobile number and personwho spoke introduced himself as Mani. He got theinformation that his father was done to death andwhen the complainant went and saw the dead body ofher husband was in the pool of blood and hadsustained chopper wounds. FIR was registered againstLakshmi and three others. Thus, at the time of lodging the complaint, the complainant was notknowing the names of the other accused persons.
3. )It is stated that G.Kumar was doing money.lending business and he was unnecessarily torturingfourth accused No.4- Dorin Kumar. In turn accusedNo.4|decided|COeliminate|ner|nuspandand|approached accused No.1. Thus, at the instance ofaccused No.4 the other accused persons 1 to 3, 6, /,.8, 9, 10 and 11 being members of unlawful assemblymurdered G.Kumar on 06.04.2017 near a graveyardin front of railway track.
4Learned HCGP would submit that the petitioner|is a professional killer. Learned counsel for petitionerwould submit that otner petitioners nave beenreleased on bail and submits on the ground of parity,considering the stay of petitioner in judicial custody since 11.04.2017 and completion of investigation,petitioner may be ordered to be released on bail.
5. |In the circumstances, it is just and proper toenlarge the petitioner on bail and the apprehension ofthe prosecution would however be resolved byimposing suitable conditions.
6. |Hence, the criminal petition isallowedThe]petitioner-accusedISenlargedON)DallIn|Cr.No.90/2017—(S.C.No.1182/2017)registeredbyPulakesninagar Police Station, Bengaluru, subject to.tne following conditions; 9(Thepetitioner-accusedShall|executeapersonal bond for450,000/- witn a solventsurety owning and possessing immovabie properties for the likesum.
99(The petitioner-accused shall not terrorize the witnessesNO;|tamper|theprosecution evidence in any manner.
999(The.petitioner-accusedShall|NOT|leave Karnataka border without prior permission till the completion of tne trial.
9A(The.petitioner-accusedShall|markhis|attendance before the Investigating Officer ofthe above case on first Saturday at 9.00 p.m.attendance before the Investigating Officer ofthe above case on first Saturday at 9.00 p.m.
until further orders by the Trial court.
SBN.
Sd/-—JUDGE