SRI NAVEEN N v. STATE OF KARNATAKA BY RMC YARD POLICE STATION

SRI NAVEEN N. S/O. NARASIMHA MURTHY AGED ABOUT 24 YEARS RESIDING AT #143, CHANDRAPPA ROAD NEAR SHANIMAHATMA TEMPLE, KAMALANAGAR, BANGALORE-560 079. (BY SRI PUNITH C., ADVOCATE) AND: …PETITIONER

STATE OF KARNATAKA BY RMC YARD POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001. …RESPONDENT (BY SRI R. RANGASWAMY, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 307, 120(B), 506 AND 34 OF IPC IN S.C. NO.1370/2023, PENDING ON THE FILE OF LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-66), REGISTERED IN CRIME NO.0049/2023 OF RMC YARD POLICE STATION BY ALLOWING THIS PETITION, TO MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: by V MANJUSHA BAI Location: High Court of Karnataka - 2 - NC: 2024:KHC:11834 CRL.P No. 1169 of 2024 ORDER

1. Accused no.3 in S.C.No.1370/2023 pending before the Court of LXV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.49/2023 registered by RMC yard Police Station, Bengaluru, for the offences punishable under Sections 307, 302, 120B, 506 and 34 of IPC is before this Court under Section 439 of Cr.P.C.

Heard the learned counsel for the parties.

FIR in Crime No.49/2023 was registered by RMC yard Police Station, Bengaluru, initially for the offences punishable under Sections 307 and 34 of IPC against Kiran and others. Petitioner's name is not found in the FIR. The complainant-Manjunatha S/o Prakash is the alleged eye witness to the incident in question. The injured Umapathi, who was allegedly assaulted by accused nos.1 to 3, had subsequently died in the hospital on 24.04.2023. During the course of investigation, the petitioner was arrested on

19.05.2023. Investigation is complete and charge sheet has been filed. The bail application filed by the petitioner before the Court of LXV Additional City Civil and Sessions - 3 - NC: 2024:KHC:11834 CRL.P No. 1169 of 2024 Judge, Bengaluru, in Crime No.49/2023 was rejected on

21.12.2023. Therefore, the petitioner is before this Court.

Learned counsel for the petitioner submits that the petitioner's name is not found in the FIR. Even in the charge sheet there is no allegation about the petitioner about assaulting the deceased. The only allegation is that he conspired with accused nos.1, 2 and 4 to commit the murder of Umapathi and after the crime was committed, one of the accused allegedly escaped from the spot in the scooter of the petitioner. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents. Therefore, he prays to allow the petition.

Per contra, the learned HCGP opposes the petition. He submits that the petitioner has played active role in a heinous crime and accordingly prays to dismiss the petition.

The complainant-Manjunatha is an eye witness to the incident. He is a close friend of the deceased Umapathi. In the complaint, he has named the persons who had - 4 - NC: 2024:KHC:11834 CRL.P No. 1169 of 2024 assaulted Umapathi on 23.04.2023. The petitioner is not arrayed as an accused in the FIR in Crime No.49/2023. During the course of investigation, the petitioner was arrested on 19.05.2023. Investigation in the case is complete and charge sheet has been filed. The allegation is that he had conspired along with the other accused to commit the murder of Umapathi and on 23.04.2023, after the crime was committed by the other accused persons, one of the accused allegedly had escaped from the spot along with the petitioner in his scooter. Undisputedly, there is no allegation against the petitioner about he assaulting the deceased or threatening other witnesses. Petitioner has no criminal antecedents and is in custody from 19.05.2023. Therefore, I am of the opinion that the prayer made in the petition for grant of regular bail is required to be answered in the affirmative.