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2020 DIGILAW 1798 (KAR)

Eshwar Thapa v. State Of Karnataka By Ramamurthy Nagara Police Station

2020-09-14

ASHOK S.KINAGI

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JUDGMENT Ashok S. Kinagi, J. - Petitioner has filed this petition seeking for regular bail under Section 439 of Cr.P.C. 2. The brief facts of the case of prosecution are that the complainant was working as a security and residing in Bangalore since from one year and the deceased was also working as security and residing in Bangalore along with his family since from one year. The complainant and deceased are friends. Accused No.1 married to one Smt.Prasanna Dhami who is the sister of one Smt.Sorabesta. After the marriage, some misunderstanding arose between accused No.1 and his wife and on that matter, deceased advised to accused Nos.1 and 2. On 06.10.2019 at about 1.00 pm., when all accused family members, deceased, complainant and accused wife family were celebrating ayudha pooja festival, some verbal talks went on between accused No.1 and Bhima Bista about accused No.1 married another girl and then at the intervention of others, all are left with the place. It is further alleged in the complaint that at about 6.00 pm., near Kasthuri Nagara coffee day shop, the alleged quarrel took place between accused No.1 and Bhima Besta. The complainant and deceased rushed to the spot. At that time, accused No.1 stabbed the deceased with knife. On these alleged information, the Ramamurthy Nagar police station registered FIR in Crime No.434/2019 for the offence punishable under Section 302 r/w Section 34 of IPC. 3. During the course of investigation, the respondent-Police apprehended the petitioner and others on 08.10.2019. The petitioner has filed the bail application before the trial Court. The trial Court rejected the said application. Hence, the petitioner has filed this petition seeking for regular bail. 4. Heard the learned counsel appearing for the petitioner/accused No.2 and the learned HCGP for the respondent State. 5. Learned counsel appearing for the petitioner/accused No.2 submits that the petitioner is an innocent person and there are no allegations made against the petitioner in the complaint and further the present petitioner stands on the same footing as that of accused Nos.3 and 4 who are already enlarged on bail in Crl.P.Nos.1389/2020 and 1850/2020. Hence, the present petitioner is also entitled to be enlarged on bail on the ground of parity. 6. Per contra, learned HCGP for the respondent-State opposes the petition on the ground that the offences alleged against the petitioner are grievous in nature, punishable with death sentence or life imprisonment. Hence, the present petitioner is also entitled to be enlarged on bail on the ground of parity. 6. Per contra, learned HCGP for the respondent-State opposes the petition on the ground that the offences alleged against the petitioner are grievous in nature, punishable with death sentence or life imprisonment. If the petitioner is enlarged on bail, there is a chance of tampering the witnesses and flew away from the jurisdiction of the court and may also cause delay in conducting the trial. 7. Perused the records. Prima facie there are no allegations against this petitioner for having committed the offence punishable under Section 302 of IPC. The allegation against this petitioner is similar to that of accused Nos.3 and 4. Accused Nos.3 and 4 have already been enlarged on bail in Crl.P.Nos.1389/2020 and 1850/2020. This petitioner also stands on the same footing. Hence, the petitioner is entitled for bail on the ground of parity. The petitioner is in jail since 08.10.2019 and the police have already filed the charge sheet. Hence, the presence of the petitioner/accused No.2 is not necessary for the purpose of investigation. 8. Accordingly, petition is allowed . Consequently, the petitioner/accused No.2 shall be released on bail in connection with Crime No.434/2019 of Ramamurthy Nagar Police Station for the offence punishable under Section 302 r/w Section 34 of IPC, subject to the following conditions: (i) Petitioner shall execute his personal bond for a sum of Rs.2,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional court; (ii) Petitioner shall not tamper or hamper the prosecution witnesses; (iii) Petitioner shall co-operate for early disposal of the case and shall appear before the trial Court on very dates of hearing; (iv) Petitioner shall not leave the territorial jurisdiction of the trial Court without the prior permission of the trial Court; and (v) Petitioner shall not indulge in any criminal offences. In case there is any violation, the respondent State is at liberty to file an application for cancellation of bail.