Naveen @ K, S/o. Late Krishna vs The State of Karnataka, Vijayanagara Police Station, Represented by State Public Prosecutor High Court of Karnataka

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

The petitioner- accused No.2, along with 16 other accused persons, are charge sheeted by the respondent-Police in Crime No.311/2016 in respect of the offences punishable under Sections 141, 143, 144, 147, 148, 341, 307, 326, 427, 201, 109, 120(B), 302 r/w Section 149 of IPC on the homicidal death of Mahesh Kumar @ Mahesh @ Motu.

The allegation of the prosecution is, accused No.1 at the instigation of accused No.5, the accused persons hatched conspiracy to finish off the deceased. On the evening of 16.06.2016, while deceased was in a Restaurant, they assaulted him to death with deadly weapons. On 28.06.2016, on the voluntary statements of accused Nos.4, 6 and 7 were arrested and the weapons used for commission of offence have been seized under Mahazar.

The specific role attributed to the petitioner - accused No.2 is, he assaulted the deceased with lethal weapons and the weapons used for commission of offence have been seized under the joint voluntary statements of 6 other accused. Similarly placed accused persons are enlarged on bail. Since the investigation is completed, there is no impediment to allow the petition.

Accordingly, petition is allowed. The petitioner is enlarged on bail in Crime No.311/2016 registered by the respondent-police, subject to following conditions:

i) The petitioner (accused No.2) is enlarged on bail on his executing a self bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the concerned Court.

ii) The sureties shall produce original title deeds pertaining to their properties and also their original identity cards/Adhaar Cards to the Court for perusal and they shall not have the previous history of offering surety to the accused persons of any other criminal cases.

iii) He shall attend the Court on all hearing dates regularly and punctually;

iv) He shall not threaten or prevail upon the prosecution witnesses.