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Karnataka High Court · body

2019 DIGILAW 2178 (KAR)

Palani, S/o late Muniswamy v. State of Karnataka

2019-11-18

K.N.PHANEENDRA

body2019
ORDER : Heard the learned Counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records. 2. The petitioners are arraigned as accused Nos.1 and 2 in C.C.No.690/2018 arising out of Crime No.261/2018 on the file of Srirangapatna Rural Police Station for the offence punishable under Sections 143, 147, 148, 114, 109, 341, 120B, 201, 302 read with 149 of IPC, 1860 and Section 2(C), 27(1) of the Arms Act, 1959. 3. The brief facts of the case are that on 11.08.2018 on account of Bhimana Amavase, deceased by name Arasaiah had visited Sri Gurudev Mahakali Temple situated at T.M.Hosuru Gate, Srirangapatna. He had also requested the complainant to drop him to his village. On the said date, at about 8.30 a.m. he came to the temple in a car and after finishing pooja, all the said persons including the complainant and the said Arasaiah were returning in their car. When they reached some distance, at about 3.45 p.m. all the accused persons came in three cars to the spot and about 15 to 20 persons accosted the car of the said Arasaiah. They got down from the said car. Accused persons were holding deadly weapons like long, chopper and clubs, etc. and assaulted the car of the deceased as well as assaulted him with the said weapons which resulted in grievous injuries to him and succumbed to those injuries. 4. CWs.1, 2, 15 and 16 are the eyewitnesses to the incident. In fact in their 161 and 164 Cr.P.C. Statements, they have disclosed about the facts and circumstances. They have stated that some of the accused persons have assaulted the deceased including the present accused. In fact, accused Nos.17 and 18 have already approached this Court and they were released on bail. Accused Nos.5 and 6 are also released on bail in Crl. P. No.4181/2019. The overtact alleged against the petitioners and accused Nos.5 and 6 are almost similar. 5. It is the case of the prosecution that with reference to the similar overtacts, accused Nos.4, 5, 6 and 9 have already been released on bail by this Court. Accused No.2 assaulted on the hand of the deceased and the pistol fell down from his hand. The allegation against the petitioners is that they assaulted the deceased on that particular day. The petitioners were also subjected to identification parade conducted by the Tahsildar on 19.09.2018. Accused No.2 assaulted on the hand of the deceased and the pistol fell down from his hand. The allegation against the petitioners is that they assaulted the deceased on that particular day. The petitioners were also subjected to identification parade conducted by the Tahsildar on 19.09.2018. It is pertinent to note here that though the eye witnesses have stated the names of the accused persons, but they have failed to identify some of the accused persons. This Court in Crl.P.No.6792/2019 had an occasion to deal with bail petition filed by accused No.4 wherein it is observed that prior to identification parade, photographs of the petitioners were shown to the eye witnesses. Therefore, substantial identification requires to be made during the course of full dressed trial. The allegations against the petitioners are almost similar to that of the allegations made against accused Nos.3 to 6. Therefore, in my opinion, the petitioners also stand on the same footing as that of other accused persons who were already released on bail. Hence, on the ground of parity the petitioners are also entitled to be enlarged on bail on the same terms and conditions. Hence, the following: ORDER : The petition is allowed. The petitioners shall be released on bail in C.C.No.690/2018 arising out of Crime No.261/2018 of Srirangapatna Rural Police Station for the alleged offences, subject to the following conditions: (i) The petitioners shall execute their personal bond for a sum of Rs.2,00,000/(Rupees Two Lakhs only) each with two sureties for the likesum to the satisfaction of the trial Court; (ii) The petitioners shall not tamper with the prosecution evidence directly or indirectly; (iii) The petitioners shall appear before the trial Court regularly till completion of the trial; (iv) The petitioners shall mark their attendance in the jurisdictional police on 1st of every month between 10.00 a.m. and 5.00 p.m. till the trial is concluded; (v) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission; & (vi) The petitioners shall not indulge in similar type of criminal activities.