Mallesh, (A-8) vs State By New Extension Police Station, Represented By Spp, High Court Of Karnataka, Bengaluru - 560001

S Vishwajith Shetty, J

Accused No.8 in S.C. No.72/2021 pending before the Court of II Additional District and Sessions Judge, at Tumakuru arising out of Crime No.91/2020 registered by New Extension Police Station, Tumakuru for the offences punishable under Sections 143, 147, 148, 120B, 302 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) is before this Court seeking regular bail.

Heard the learned counsel for the parties.

On the complaint of Prakash B. S/o. Basavaraju C.K., New Extension Police Station, Tumakuru, had registered FIR in Crime No.91/2020 against unknown persons. In the complaint it is averred that on 02.12.2020 at about 9.55 p.m., complainant received information from Swamy stating that younger brother of complainant by name Manjunath was lying on the roadside near Manjushree Liquor Shop and he had injuries on his body. Immediately, complainant rushed to the spot and shifted his brother - Manjunath to the private hospital. Thereafter, as per the medical advice, Manjunath was shifted to Siddaganga Hospital and in the said hospital, the Doctor after examining Manjunath, declared him dead at about 10.26 p.m. In the complaint, it is averred that Manjunath was an eye-witness in the murder case of Ex-Mayor - Gaddaravi and it is in this background, somebody had assaulted him.

During the course of investigation in the case, the petitioner was produced under body warrant before the Committal Court on 23.02.2021. Investigation in the case is completed and charge sheet has been filed on 04.03.2021 for the aforesaid offences as against nine accused persons. Petitioner is arraigned as accused No.8 in the charge sheet. His bail application filed before the Court of II Additional District and Sessions Judge at Tumakuru in Crl. Misc. No.436/2023, which was dismissed on 16.05.2023. Under these circumstances, the petitioner is before this Court.

Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the only allegation as against accused is that he had conspired to commit the murder of deceased - Manjunath along with accused Nos.7 and 9. He further submits that this Court has granted regular bail to accused Nos.2 to 5 and accused No.9. Accordingly, prays to allow the petition.

Learned HCGP has opposed the bail application and submits that the petitioner is a history sheeter. Accordingly, prays to dismiss the petition.

The charge sheet material in the present case would go to show that the only allegation as against the petitioner is that he had conspired with the other accused to murder Manjunath. The allegation of committing the murder of Manjunath with deadly weapons is on accused Nos.1 to 5. Accused No.2 has been granted bail by this Court in Crl.P. No.985/2023, accused No.3 has been granted bail by this Court in Crl.P. No.4575/2022, accused No.4 has been granted bail by this Court in Crl.P. No.4053/2022 and accused No.5 has been granted bail by this Court in Crl.P. No.8671/2021. In addition to the same, accused No.9, who allegedly had taken supari for the purpose of murdering Manjunath, is also granted regular bail in Crl.P. No.4219/2022. Under these circumstances, I am of the view that the petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in S.C. No.72/2021 pending before the Court of II Additional District and Sessions Judge, at Tumakuru arising out of Crime No.91/2020 registered by New Extension Police Station, Tumakuru for the offences punishable under Sections 143, 147, 148, 120B, 302 read with Section 149 of IPC, subject to the following conditions:

a) Petitioner shall execute 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;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future.