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Judgment
K. N. Phaneendra, J
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent â€" State and perused the records.
The petitioner is arranged as Accused No.3 in the charge sheet filed by the respondent â€" police in CC No.29098/2019 (Crime No.326/2019 of
Kamakshipalya Police Station, Bengaluru) pending on the file of the V Addl. CMM Court, Bengaluru for the offence punishable under sections 143,
147, 341, 302, 120-B read with Section 149 of IPC.
The brief facts of the case are that:
On 6.9.2019 at about 9.00 p.m., when the complainant by name Prasanna Kumar had been to Ganapathi Nagar Tempo stand, at that time, he received
information that his brother was assaulted by somebody. Therefore, he went to the second main road of Gajanana Nagar in Sunkadakatte and he
came to know that the dead body of his brother was shifted to Victoria hospital and then he went to Victoria hospital and found many injuries on
various parts of the body of the deceased Mahesh Kumar. Therefore, on 7.9.2019, the complainant lodged a complaint. On the basis of the said
complaint, during the course of the investigation, it was found that accused Nos.1 to 12 have conspired with each other to do away with the life of the
deceased Mahesh Kumar on the ground that he has murdered earlier a person by name Suresh @ Kulda Suri. Therefore, the accused No.1 has
directed the other accused persons to do away with the life of the said Mahesh Kumar.
Though the details are not available in the remand application but at the time of submitting arguments, with all responsibility, the learned HCGP has
submitted before this Court, about the non involvement of accused No.1 i.e., physically participating in the assault. He was cited only as conspirator
with other accused. Accused Nos.1 to 11 who are actually assaulted the deceased on the date of the incident and caused severe fatal injuries.
Though the details are not available in the charge sheet as to how the incident happened as there are no eye-witnesses to the incident, it appears
only on the basis of the inter se statements of the accused persons, the police have specifically implicated the accused persons by their overt acts and
that has to be proved during the course of full dressed trial. The main allegation is that the accused No.3 - the petitioner herein and accused Nos.4 to 8
have also assaulted the deceased on the head but the entire case revolves around the circumstantial evidence. There is no recovery as such at the
instance of the present petitioner.
Learned High Court Government Pleader for the respondent â€" State submitted that the accused is a rowdy sheeter and he has also involved in
other cases particularly when the police have attempted to apprehend him, he assaulted the police personnel and in this regard, a case has been
registered u/s.307 of IPC.
The learned counsel for the petitioner replying for the same, submitted that in the said cases, the accused have already been released on bail.
Looking to the above said facts and circumstances of the case, as the accused has already been arrested and in jail for more than seven months
and the entire case revolves around the circumstantial evidence and there is no recovery at the instance of the petitioner, the case has to be proved
beyond reasonable doubt during the course of full dressed trial as the co-accused No.6 on the same footing has already been released on bail by this
court in Criminal Petition No.7595/2019 vide order dated 20.11.2019. On that ground also, the petitioner is entitled to be enlarged on bail on the same
conditions. Hence, the following:
ORDER
The Petition is allowed. Consequently, the petitioner-accused shall be released on bail in connection with Crime No.326/2019 of Kamakshipalya Police
Station, Bengaluru, pending on the file of the V Addl. CMM Court, Bengaluru for the alleged offences, subject to the following conditions:
(1) The Petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) only with two sureties for the likesum to the
satisfaction of the jurisdictional court.
(2) The petitioner shall not indulge in tampering the prosecution witnesses.
(3) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(4) The petitioner shall not leave the jurisdiction of the trial court without prior permission of the court till the case registered against him is disposed of.
(5) The jail authorities are directed to conduct medical examination on the accused before release in view of Pandemic COVID-19.