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2012 DIGILAW 424 (KAR)

Prabhakar v. State of Karnataka

2012-05-04

ANAND BYRAREDDY

body2012
ORDER ANAND BYRAREDDY, J.—Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The present petitioner is arrayed as accused No. 3 in Crime No. 124/2011, It is case of the prosecution that on 6.5.2011, accused No. 1 and one Murali were consuming liquor at a Bar and when accused No. 1 sought for a loan from Murali, he had spoken in a derogative fashion whereby accused No. 1, is said to have attack Murali. Thereafter, accused No. 1 was carrying a grudge and had engaged accused Nos. 2 to 5, who had together kidnapped the said Murali in a Maruthi Omni vehicle and had done him to death. While, accused No. 1, 4 and 5 had held the deceased Murali, accused No. 2 is said to have slit his throat with a knife and caused his death and had removed the gold chain and ring on his person and had set fire to the body to destroy evidence and thereafter sought to pledge the gold articles. Accused No. 6 is said to have provided information to the police as to the identity of the accused. In turn, the police arrested accused Nos. 4 and 5 who had sought to pledge the gold articles with a pawnbroker. 3. It is on these allegations, criminal proceedings have been initiated, Accused Nos. 1, 4 and 8 had approached this Court and have been enlarged on bail. The learned counsel for the petitioner would submit that accused No. 1 is the prime accused and accused No. 2 is said to have actually committed the offence. The present petitioner being alleged of having approached the pawnbroker with the gold articles recovered from the deceased, could not be disentitled from seeking bail, on a parity of reasoning when this Court, has thought it fit to grant bail to accused Nos. 1, 4 and 6. 4. The learned Government Pleader would on the other hand plead ignorance on the earlier order granted in favour of the accused. A copy of the same is enclosed to the petition. Accordingly, on a parity of reasoning, the petitioner is entitled for bail subject to the following conditions: (a) The petitioner shall furnish a personal bond for a sum of Rs. A copy of the same is enclosed to the petition. Accordingly, on a parity of reasoning, the petitioner is entitled for bail subject to the following conditions: (a) The petitioner shall furnish a personal bond for a sum of Rs. 25,000/- with two solvent sureties for a like sum to the satisfaction of the trial Court: (b) The petitioner shall co-operate with the Investigating Officer in all respects and attend the Court on every date of hearing; (c) The petitioner shall not influence or terrorise prosecution witnesses, if any; and (d) The petitioner shall not leave the jurisdiction of the Court below without the leave of the Court. 5. With these conditions, the petition stands allowed.