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Karnataka High Court · body

2020 DIGILAW 632 (KAR)

Manjunath v. VS State Of Karnataka

2020-03-04

K.N.PHANEENDRA

body2020
JUDGMENT 1. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent State. Perused the records. 2. The petitioner is arraigned as accused No.10 in the charge-sheet filed by the respondent - police for the offences punishable under Sections 143, 147, 148, 341, 114, 302, 109, 120B read with Section 149 of IPC. 3. The brief facts of the prosecution case is that the deceased by name Lakshminarayana and the accused persons were residents of Machohalli Colony and they have long standing dispute between them with reference to Sy.No.88 with regard to the cultivation of a Government gomala land. In this context, it appears that the accused persons were forcibly cultivating the said land and in fact, they were constructing sheds and attempting to sell them. The deceased - Lakshminarayana and other witnesses were obstructing the accused persons. In this context, the accused persons were grinding axe against the deceased Lakshminarayana on the ground that he would cheat accused in informing the concerned Government authorities against the activities of the accused. It is alleged that the accused persons were actually making arrangements to grab the said Government land. In this backdrop, the accused were decided to do away with the life of Lakshminarayana. 4. In the above said background, it is alleged that on 15.04.2019 in the afternoon at about 2.00 p.m., all the accused persons have formed into an unlawful assembly and found that the deceased Lakshminarayana was proceeding on his two wheeler on Kabbehalla road in Machohalli Colony, towards his house and accused No.1 threw a stone on the deceased and due to the impact of the same, he fell down from his two wheeler. The other accused persons, who were already there waiting in a car, got down from the said car with deadly weapons like long choppers, knives etc., and simultaneously assaulted Lakshminarayana indiscriminately on all the parts of his body, who died due to the injuries sustained by him. On the basis of the above said allegations, the police have registered a case, investigated the matter and laid the charge-sheet. 5. On the basis of the above said allegations, the police have registered a case, investigated the matter and laid the charge-sheet. 5. Considering the facts and circumstances of the case, this Court has already released accused No.1 in Crl.P.No.540/2020 vide order dated 30.01.2020 and other accused persons i.e. accused Nos.2, 3, 6, 12, 13 and 14 were also enlarged on bail in Crl.P.Nos.8593/2019, 7726/2019, 8301/2019, 8462/2019, 8707/2019 and 8023/2019 on different dates. 6. As could be seen from the allegations in the charge-sheet, this petitioner stands on the same footing as that of accused Nos.2 and 6. Therefore, in my opinion, the petitioner/accused No.10 is also entitled to be enlarged on bail on conditions. Hence, the following ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.162/2019 of Madanayakanahalli Police Station, Bengaluru, registered for the offences punishable under Sections 143, 147, 148, 341, 114, 302, 109, 120B read with Section 149 of IPC, subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with Two sureties for the likesum to the satisfaction of the jurisdictional court. (ii) The petitioner shall not indulge in tampering the prosecution witnesses. (iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause. (iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.