Madhu and Others vs State of Karnataka

A.V. Chandrashekara, J.—Heard the learned counsel for the petitioners who are accused Nos. 3 to 5 in Crl. P. No. 7994/2015 and accused No. 2 in Crl. P. No. 7995/2015, in Cr. No. 279/2015 on the file of the Respondent Police Station. Common orders are passed on the bail petitions filed under Section 439 of Cr.P.C.

After concluding investigation, charge-sheet is filed against them for the offences punishable under Sections 504, 341, 323, 324, 364, 506, 302, 201 read with 149 of IPC and Section 25 of Indian Arms Act. They are in judicial custody since June 2015 and hence, regular bail applications are filed.

The case on hand relates to the murder of a person by name Madappa by accused No. 1 along with the accused/petitioners after abducting him in a Car.

Learned HCGP opposed the bail petitions on the ground that prima-facie case is forthcoming in regard to the participation of these petitioners in assaulting and causing death of Madappa and requested to dismiss the bail petitions.

Heard the learned counsel for the petitioners and perused the records. The main allegation against accused No. 1 is throwing a size stone on the head of Madappa when he fell down to a gutter. Whether the assault made by this petitioner was really dangerous so as to cause the death of Madappa will have to be found out only after the trial is over. Investigation is completed and charge-sheet is filed. Similarly placed accused Nos. 6 and 7 have already been released on bail by this Court in Crl. P.7391/2015 dated and Crl. P.6067/2015. The petitioners are permanent residents of Mudagere Village, Ramanagara District. They have undertaken to abide by any conditions that may be imposed by this Court. Thus, the apprehension of the learned HCGP could be suitably met with by imposing proper conditions. Hence, the petitioners are entitled to be enlarged on bail. Hence, I pass the following:--

"ORDER

Crl. P. No. 7994/2015 is allowed.

Petitioners are to be enlarged on bail, in Cr. No. 279/2015 of Mandya Rural Police Station, Mandya District, subject to the following conditions:--

(i) Petitioners shall be released on bail on their executing a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) each with one solvent surety, for the like-sum to the satisfaction of the concerned Court;

(ii) Petitioners shall not hold out threats to the prosecution witnesses in any manner;

(iii) Petitioners shall attend the concerned court on all the dates of hearing without fail;

(iv) Petitioners shall attend the Respondent Police Station on every second Sunday between 9.00 a.m. to 5.00 p.m., without fail till the case registered against them is disposed of."

Crl. P. No. 7995/2015:

The allegation against accuse No. 2 is that he was informing the movements of the deceased to the other accused and also assaulted the deceased Madappa. The accused No. 2/petitioner herein is apprehending arrest at the hands of the Respondent Police. Hence, anticipatory bail application is filed. On the observations made in Crl. P. No. 7994/2015, this petitioner is also entitled to be released on anticipatory bail, on the following conditions:

"ORDER

Crl. P. No. 7995/2015 is allowed.

Petitioner is to be enlarged on bail, in the event of his arrest in Cr. No. 279/2015 of Mandya Rural Police Station, Mandya District, subject to the following conditions:

(i) Petitioner shall be released on bail on his executing a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) with a solvent surety, for the like-sum to the satisfaction of the concerned Court within twenty days from today;

(ii) Petitioner shall not hold out threats to the prosecution witnesses in any manner;

(iii) Petitioner shall attend the concerned court on all the dates of hearing without fail;

(iv) Petitioner shall attend the Respondent Police Station on every Sunday between 9.00 a.m. to 5.00 p.m. without fail till the case registered against him is disposed of."

Ordered accordingly.