MOHAN G.R v. STATE OF KARNATAKA

STATE OF KARNATAKA RAMANAGARA RURAL POLICE STATION, RAMANAGARA DISTRICT REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR PUBLIC PROSECUTORS OFFICE HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …PETITIONER …RESPONDENT (BY SRI CHANNAPPA EERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.142/2023 REGISTERED IN RAMANAGARA POLICE STATION, RAMANAGARA DISTRICT, FOR THE OFFENCE P/U/S 143, 302, 395, 506 R/W 149 OF IPC, PENDING ON THE FILE OF THE I ADDL. DIST. AND SESSIONS JUDGE, C/C III JUDGE, RAMANAGARA HAS ADDL. DIST. AND SESSIONS REJECTED/DISMISSED THE BAIL PETITION ON 02.05.2024 IN CRL.MISC.NO.313/2024. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2024:KHC:31505 CRL.P No. 5074 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER

1. Accused No.6 in S.C.No.24/2024 pending before the Court of III Addl. District & Sessions Judge, Ramanagara, arising out of Crime No.142/2023 registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 143, 302, 395, 506 read with 149 IPC, is before this Court under Section 439 of Cr.PC.

2. Heard the learned counsel for the parties.

3. On the complaint of Raghu S/o Devaraju dated

26.05.2023, FIR in Crime No.142/2023 was registered by Ramanagara Rural Police, Ramanagara, for the aforesaid offences initially against six named accused persons and others.

4. In the complaint, it is averred that complainant owned two tipper lorries and accused Nos.1 and 2 were earlier working as drivers with the complainant. Accused No.1 had introduced a lady to the complainant as his wife and subsequently, he spread rumours that complainant had illicit relationship with the - 3 - NC: 2024:KHC:31505 CRL.P No. 5074 of 2024 said lady and in this regard complainant had filed a police complaint and thereafter, removed accused Nos.1 and 2 from employment. Therefore, accused Nos.1 and 2 had grudge against the complainant.

5. Complainant’s lorry driver Basavaraju telephoned the complainant on 25.05.2023 at about 7.30 p.m. and informed him that his lorry bearing registration No.KA-11-C-3594 was forcibly taken by the accused persons. This was informed to Manjunatha by the complainant and he had gone to the spot where the accused persons had parked the lorry. Complainant’s friend Manjunatha also came to the said spot after tracing the lorry through GPS. Since the accused persons had removed the batteries of the lorry, the complainant and his friends brought the batteries for fixing the same to the lorry. At that time, accused persons came there, who were armed with deadly weapons. Complainant’s friend Manjunatha, who was in his car after seeing the accused persons got down from his car and went towards them. The accused persons assaulted the complainant’s friend Manjunatha with weapons, who succumbed to the same and thereafter, they threw his body in a vacant place near the bus stand and left the place. It is in this - 4 - NC: 2024:KHC:31505 CRL.P No. 5074 of 2024 background, complainant had approached the police and lodged the complaint, which had resulted in registration of FIR in Crime No.142/2023.

6. Petitioner had voluntarily surrendered on 11.03.2024 before the committal court. In the present case, charge sheet has been filed against 18 accused persons and petitioner is arrayed as accused no.6 in the charge sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Misc. No.313/2024 was rejected on 02.05.2024. Therefore, he is before this Court.

7. Learned Counsel for the petitioner submits that except accused nos.1 & 2, all other accused have been released on bail in the present case. Accused nos.3 & 4 as against whom similar allegations are found in the charge sheet have been granted bail. Petitioner has no criminal antecedents. He, accordingly prays to allow the petition.

8. Per contra, learned HCGP who has opposed the petition, however, does not dispute the submissions made by the learned Counsel for the petitioner. - 5 - NC: 2024:KHC:31505 CRL.P No. 5074 of 2024

9. From a perusal of the first information in the present case, it is seen that the allegation of assaulting deceased Manjunath with knife is only as against accused nos.1 & 2. The first informant is the eye-witness in the present case. Accused nos.3 & 4 and petitioner herein had allegedly assaulted deceased Manjunath with wooden sticks, according to the first informant. It is in this background accused nos.3 & 4 have been granted regular bail by this Court in Crl.P.No.7962/2023 and Crl.P.No.10120/2023. The allegation against the petitioner and accused nos.3 & 4 are almost similar. Petitioner who has no criminal antecedents is in custody from 11.03.2024. Under the circumstances, the prayer made by the petitioner is required to be answered affirmatively on the ground of parity. Accordingly, the following order:

10. The petition is allowed. Petitioner is directed to be enlarged on bail in S.C.No.24/2024 pending before the Court of III Addl. District & Sessions Judge, Ramanagara, arising out of Crime No.142/2023 registered by the Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 143, 302, 395, 506 read with 149 IPC, subject to the following conditions: - 6 - NC: 2024:KHC:31505 CRL.P No. 5074 of 2024 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) Petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE KK