Mahesh V vs State Of Karnataka

K. Natarajan, J

This petition is filed by the petitioner/accused No.5 under Section 439 of Cr.P.C. for granting regular bail in Crime No.118/2021 registered by Nelamangala Town Police Station, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 143, 147, 148, 504, 302 read with 149 of IPC, now pending on the file of the VI Additional District and Sessions Judge, Bengaluru Rural District in S.C.No.62/2022.

Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

The case of the prosecution is that the brother of the deceased, one Barghav, filed a complaint with the police alleging that on 19.09.2021, accused No.1 called the deceased to T.B. Bus Stand. Accordingly, his brother went there. Behind his brother, the complainant and his friend Yeswanth and Umesh, friend of the deceased also went there. At that time, accused Nos.1 to 5 are said to have committed the murder of his brother. Accused No.1 is said to have stabbed by obtaining the weapon from accused No.2. This petitioner is said to have held the deceased. After committing the offence, all of them fled away from the spot in the motorcycle. The petitioner came to be arrested on 23.09.2021 and he is in judicial custody. The bail petition of the petitioner came to be rejected and hence he is before this Court.

Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State and perused the material available on record. Admittedly, accused Nos.2, 4 and 6, who were present at the spot, are granted bail by this Court and Co-ordinate bench of this Court. They are also said to have held telephonic conversation with accused No.1. The allegation against this petitioner is he is said to have caught hold of the deceased and accused No.1 stabbed by obtaining the weapon from accused No.2. The allegation against this petitioner and accused No.2 and 4 are similar and they are already granted bail by this Court. This petitioner is in custody for almost 11 months and investigation has been completed and charge-sheet is also filed. The main allegation goes against accused No.1, who stabbed the deceased and accused No.2, who brought the weapon. Considering the facts and circumstances of the case, the case is already committed to the Sessions Court and pending for trial. Therefore, by imposing certain stringent conditions, if bail is granted, no prejudice is caused to the case of the prosecution. Hence, I pass the following:

ORDER

The petition is allowed. The petitioner/accused No.5 is ordered to be released on bail in Crime No.118/2021 registered by Nelamangala Town Police Station, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 143, 147, 148, 504, 302 read with 149 of IPC, now pending on the file of the VI Additional District and Sessions Judge, Bengaluru Rural District in S.C.No.62/2022, subject to the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall not indulge in similar offences strictly;

(iii) The petitioner shall not tamper with the prosecution witnesses directly/ indirectly;

(iv) The petitioner shall not leave the jurisdiction without prior permission of the Trial Court;