SRI. VARADARAJU vs STATE BY DODDABELAVANGALA P.S

This petition is filed by the petitioner/accused No.6 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under

Section 302 of IPC and Section 25 of Arms Act, registered in respondent - police station in Crime No.201/2017.

Brief facts of the prosecution case is that on 13.10.2017, the deceased had left his house at 5.15 p.m. on his Motor Bike bearing registration

No.KA-43-R- 8463 stating to his wife that he is going to Doddabelavangala. At around 6.30 p.m., someone informed the complainant that her

husband met with an accident on his way to Doddabelavangala and Chikkabelavangala Colony and near Narayanappa''s house and her uncle''s

son Harish @ Ravikumar Gowda had taken the deceased to the Doddaballapur Hospital. Later on at around 7.30 p.m. the said Harish had called

the complainant through phone and said that at around 6.15 p.m. he was filling water to one Mr. Mallashetty''s Hotel from his water tanker, he

heard conversation among the public that someone had met with an accident on his two wheeler to a car near Doddaballapur and Dabaspet Road,

Chikkabelavangala Colony and he had also gone to the spot to see what had happened. There, he saw his uncle Muddukrishna had met with an

accident and sustained bleeding injuries. Immediately, he had taken the injured to Doddaballapur to Nandi Hospital and doctors said that they

could not treat the injured. So he had taken the injured to Columbia Clinic situated at Bashettihalli. The doctor after examining the injured informed

that he had died. on the basis of the said complaint, case came to be registered firstly against unknown persons and during the investigation present

petitioner has been arrayed as accused No.6.

Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader

appearing for the respondent-State.

Learned counsel appearing for the petitioner made the submission that other accused persons have been granted bail by the order of this Court

and he has produced the bail order dated 14.12.2017 passed in Crl.P.No.9389/2017 and another bail order of the same date in

Crl.P.No.9249/2017.

I have perused the said orders. They are filed by accused Nos.4, 5 and 7. While dealing with both the petitions, this Court had taken into

consideration the entire merits of the case. Ultimately, both the petitions were allowed and the said accused persons were granted bail. Looking to

the material, so far as present petitioner is concerned, there is no overt act of any assault on the deceased by the present petitioner. Only allegation

is that he collected the bullet from accused Nos.7 and handed over the same to accused No.4 and inturn accused No.4 gave it to accused No.1.

Except this, there is no other allegation so far as present petitioner is concerned. The petitioner contended that he is innocent and he has

undertaken to abide by any conditions to be imposed by this Court Hence, it is a fit case to exercise discretion in favour of the petitioner/accused

No.6.

Accordingly, the petition is allowed. Petitioner/accused No.6 is ordered to be released on bail for the offences punishable under Section 302 of

IPC and Section 25 of Arms Act registered in Crime No.201/2017, subject to the following conditions:

i. Petitioner shall execute a personal bond for Rs.1,00,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned Court.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner has to appear before the concerned Court regularly.