Shivappa vs State

V. Jagannathan, J.—Heard both sides in respect of the bail sought by the Petitioner who is accused No. 1, against whom a case is registered for the offences punishable under Sections 302 & 120-B of IPC, for having involved himself along with other accused persons in committing the murder of one Venugopal on 01.12.2009.

Submission of the learned Counsel for the Petitioner is that, in respect of the alleged incident said to have taken place on the aforementioned date, several accused persons have assaulted the deceased Venugopal with sickle, knife and long. However, the trial court has granted bail to accused Nos. 3 to 11 and therefore, on the same ground, bail is sought in respect of this Petitioner (A1). More over, the said accused has not been mentioned in the FIR nor any vital injuries were caused to the deceased by this Petitioner.

Though submission made by the learned Addl. SPP for the Respondent-State is that, this accused Shivappa apart from damaging the car has also caused stab injury on the deceased and taking note of the fact that other accused are released on bail and injury was caused on the chest and stomach mainly by accused No. 2-Sharavana, I am of the view that this Petitioner can be granted bail by imposing conditions to safeguard the prosecution interest.

In the result, petition is allowed and bail is granted to the Petitioner, subject to the following conditions:

(i) Petitioner shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with two sureties for the like sum to the satisfaction of the trial court.

(ii) He shall not tamper or attempt to tamper any of the prosecution witnesses.

(iii) He shall not give threat to the prosecution witnesses in any manner.

(iv) He shall attend the Court regularly on all dates of hearing.

(v) He shall mark his attendance before the concerned police station on every Saturday between 10 a.m. and 5 p.m.