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2020 DIGILAW 903 (KAR)

Ravikumar @ Jataka v. State Of Karnataka

2020-05-26

P.B.BAJANTHRI

body2020
JUDGMENT 1. Heard the learned counsel for the petitioner and State. State has not filed objections, however, orally opposed granting of relief to the petitioner. 2. Prima-facie, it is heard that the investigation is completed and charge sheet is sated to have been filed for the offences punishable under Sections 143, 144, 147, 148, 341, 302, 120-B read with Section 149 of IPC. 3. Brief prosecution case is that one of the deceased-Sunil Kumar.R has assisted one Sri. Santhosh Kumar to marry sister of accused No.1-Vivek. Arising out of these factual aspect, accused No.1 alleged to have entered into criminal conspiracy to eliminate the deceased and in furtherance of the said conspiracy on 25.08.2019 at about 1:20 a.m., while the deceased was moving in his Honda Activa bearing Reg.No.KA-05 KK- 2021, accused Nos.3 and 6 were stated to have followed the deceased and informed his whereabouts and moves to accused No.1. Thereafter, accused No.1 and co-accused attacked the deceased in front of building No.130, 19th Main Road, II Phase, J.P.Nagar, Bengaluru. Accused Nos.1, 2 and 3 were stated to have assaulted the deceased with knives and accused No.4 assaulted him with a piece of beer bottle and accused No.5 stabbed the deceased with a knife and caused his death. 4. In this backdrop, what is required to be examined in the present case is to what is the role played by accused No.7 in the aforesaid case. On perusal of the charge sheet, the alleged charge leveled against accused No.7-petitioner herein is that he was monitoring and co-operating with the co-accused while standing from distant place of occurrence of crime and stated to have instructed the co-accused relating to fatual situation of the crime incident. In other words, prima-facie, his role is wait and watch the crime and to give necessary information to the co-accused. In this background, the trial Court has not appreciated the role played by the petitioner-accused No.7. Moreover, the alleged incident relates back to 24-25/08/2019. Petitioner was stated to have been arrested on 05.11.2019, since then he is in custody. In other words, prima-facie, his role is wait and watch the crime and to give necessary information to the co-accused. In this background, the trial Court has not appreciated the role played by the petitioner-accused No.7. Moreover, the alleged incident relates back to 24-25/08/2019. Petitioner was stated to have been arrested on 05.11.2019, since then he is in custody. In view of the role played by the petitioner, he is entitled to bail in Crime No.0150/2019, Jayaprakash Nagar Police Station, which has been numbered as S.C.No.1859/2019 for the offences punishable under Sections 143, 144, 147, 148, 341, 302, 120-B read with Section 149 of IPC, pending on the file of the LXVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH-69), with the following conditions. (i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with Two sureties for the like-sum 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. Accordingly, criminal petition is disposed off.