Satheesha vs State of Karnataka

A.V. Chandrashekara, J.—Both these petitioners are accused Nos. 8 and 14 respectively in Crime No. 244/2012 on the file of the Nelamangala Police Station, Bangalore Rural District. Offences alleged against them are punishable under Sections 341, 120B, 143, 147, 148, 149, 302 and 307 of IPC and Sections 25 and 27 of the Arms Act, 1959. They have been in judicial custody and hence they have prayed this Court to allow the bail petitions filed under Section 439 of Cr.P.C. They have undertaken to obey any conditions which may be imposed on him.

Learned Special Public Prosecutor Sri H.M. Thimmarayappa, has filed detailed objections and has opposed the bail applications vehemently. He has argued that prima facie case is forthcoming against these petitioners in the murder of BEML Krishnappa on 25.07.2012, since brother-in-law of accused No. 1 was murdered on 17.03.2009. BEML Krishnappa was murdered by a gang of several persons on the road leading to his native Village Arisankunte near Nelamangala at about 8.00 p.m. on 17.03.2009. Petitioner Satheesha in Crl. P. No. 4604/2014 is stated to have exhorted the other accused in murdering BML Krishnappa by being physically present at the spot. Allegation against accused No. 14 Shivkumar, petitioner in Crl. P. No. 6012/2014 is that he assaulted him with a jack spanner. Accused No. 14 is stated to have concealed the deadly weapons like long and rod in his house and they had been allegedly used in the murder of BEML Krishnappa. In all there are 41 accused in the present case.

Special Public Prosecutor has opposed the bail applications vehemently contending inter alia amongst others that prima facie case is forthcoming against these petitioners in regard to the formation of unlawful assembly and committing rioting when the vehicle in which BEML Krishnappa was proceeding on the service road near Arishanakunte road. It is further argued that Section 120-B of IPC is specifically applicable to all the accused, since they had conspired amongst others to eliminate Krishnappa, a day prior to the alleged incident. He has further argued that these petitioners are politically influential persons and have lot of henchmen behind them and if they are let on bail, they are likely to threaten the prosecution witnesses and commit similar offences. Hence he has requested to dismiss the petitions.

Perused the records inclusive of the orders dated 26.11.2013 passed by this Court in Crl. P. No. 4846/2013.

It is the case of the prosecution, that deceased B.E.M.L. Krishnappa was a member of the Zilla Panchayat, Bangalore Rural District, Bangalore. There were differences between him and A1 in connection with A1 having murdered one Basaiah in the year 2005, who was a follower of the present deceased B.E.M.L. Krishnappa. Further, in retaliation to the same, in the year 2009, one Devi-brother of A1 had been murdered by the followers of the present deceased B.E.M.L. Krishnappa. Apart from this, A1 and his followers had made an attempt on the life of the present deceased in the year 2009. On account of this, they had grudge against each other. It is the case of the prosecution that the accused in the case, on account of the rivalry that existed between A1 and the deceased, hatched a conspiracy to eliminate the deceased. Such conspiracy, according to the prosecution, had been hatched by the accused in the case since 10.07.2012. Such being the position, it is the case of the prosecution that on 25.07.2012, the deceased accompanied with CWs. 1, 2, 12 and 13 proceeded in an Innova Car driven by CW3 towards his village Arashinakunte, coming within the jurisdiction of Nelamangala Police Station. He was followed by CWs. 4, 12 and 13 in another car. Apart from that, CWs. 5, 7, 8, 9 and 10 followed the deceased in Pajero car.

When the deceased was about to take a deviation to proceed to his village Arashinakunte near the service road junction located at NH4, the accused, who had formed themselves into an unlawful assembly, armed with deadly weapons were waiting for the deceased at the said place sitting in their respective cars intercepted the car of the deceased at the said place. Thereafter, it is alleged that the accused in pursuance of the conspiracy hatched and in pursuance of the common object dragged the deceased out of the car and murdered her. Further, when CW1 intervened to rescue the deceased, he was also assaulted by the accused and attempted to commit his murder. Apart from this, the other witnesses, who were following the deceased, among whom CW4-gunman, who was in the second car along with CWs. 12 and 13, seeing the deceased being attacked and heckled by the accused, opened fire with the SBBL gun, which was provided to him, on the accused. The shot fired by him landed on A9, who died at the spot. Thereafter, it is the case of the prosecution that altercations took place between the two groups in which accused are alleged to have assaulted and caused injuries to CW3-driver of the car. After committing the offence, according to the prosecution, the accused left the spot.

Present accused in both these cases are accused 8 and 14. Allegation against accused No. 8 is that he was also present at the spot and exhorted other accused to eliminate BEML Krishnappa somehow. In Crl. P. No. 4846/2013 accused Nos. 34 and 35 have been released on bail on 26.11.2013. According to the facts, on the instructions of accused No. 4, accused No. 34 hired Innova Car and had sent the same to a hide out place to transport accused Nos. 6, 11, 18 through accused No. 35 and accused No. 35 carried out the instructions of accused No. 34 in shifting accused Nos. 6, 11 and 18 from hide out place to Yeshwantpur Railway Station. In the light of accused Nos. 38 and 41 being already granted bail, accused Nos. 34 and 35 have been released on bail on 26.11.2013 in Crl. P. No. 4846/2013.

Accused No. 2 H.S. Manjunath and accused No. 10 Ravi Kumar in this case have also been released under Section 439 Cr.P.C. on 19.06.2014 in Crl. P. No. 7303/2013. Looking to the supplementary charge sheet filed, this Court has held that accused Nos. 21, 24 and 27 were holding longs in their hands and accused Nos. 28 and 29 were holding rods and they attacked a Qualis Car bearing No. KA-01-MF-8988 and threatened the inmates of the said car with dire consequences to their life. What is alleged against accused Nos. 2 and 10 is that they instigated other accused to assault. In the light of Prakash accused No. 41 being released by this Court in Crl. P. No. 3087/2013 on 27.06.2013 accused Nos. 2 and 10 have been released on bail by this Court on 19.06.2014 in Crl. P. No. 7303/2013. While releasing those accused, this Court has held that Prakash who is accused No. 41 against whom similar allegations have been made being released on bail, accused Nos. 2 and 10 are also entitled to be released on bail. In the light of the same, accused No. 8 is to be released on bail applying the principle of parity.

Insofar as accused No. 14 that is the petitioner in Crl. P. No. 6012/2014 is concerned, the allegation is that he criminally intimidated CWs. 5 to 9 who were the occupants of Pajero vehicle and damaged the said vehicle. Even if the theory of conspiracy were to be accepted, similar persons against whom similar allegation of conspiracy has been alleged being released on bail, accused No. 14 is also to be released on bail. There are no allegations against accused No. 14 of having a direct cause leading to the death of BEML Krishnappa. There is no evidence indicating any overt act to accused No. 14 either directly or indirectly contributing to the death of BEML Krishnappa. Even otherwise, the statements of witnesses relating to these two accused came to be recorded at a later point of time and that aspect has been considered by this Court in Crl. P. No. 4846/2013. In the light of these accused having undertaken to unequivocally abide by any condition which may be imposed on them and in the light of there being no criminal antecedents of these petitioners, they are to be released on bail.

In this view of the matter, petitions are allowed and bail is granted to the petitioners, subject to the following conditions:-

"(i) Petitioners shall be released on bail on each of them executing a personal bond for a sum of Rs. 2,00,000/- (Rupees two lakhs only) with one surety, for the likesum to the satisfaction of the learned Sessions Judge.

(ii) Petitioners shall not hold out threats to the prosecution witnesses or lure them in any manner.

(iii) Petitioners shall not involve themselves in any criminal activities.

(iv) Petitioners shall attend the Court regularly on all dates of hearing without fail.

(v) Petitioners shall mark attendance in the office of Dy. S.P., Nelamangala Police Station twice in a week on every Wednesday and Sunday between 9 a.m. and 5 p.m. without fail till the material witnesses are examined in the Trial Court.

(vi) If the petitioners have obtained passports, the same shall be surrendered to the Court without fail.

(vii) Violation of any one of the conditions imposed on them would enable the prosecution to seek cancellation of bail."