IN THE IE6!-I COURT OF KARNATAKA AT
DATED THIS THE 7% DAY OF MAY 2099;" 5 ...]
BEFORE
ms I-IOWBLE MR JUSTICE K N 1§gs§{A;§AsARAirArm _
CRJMINAL PETITION 16g_gos~ geaé' ii
Bmwm EN: L' I V
Tejas Kumar D.,
Aged about 22 years, '
S/0. Dugalappa, _ '
N0. 13/ 1, 4*-*1 Cross,-_2m_1 Miain,
Govindaraja Nagér, 51*' _. _
Bangalore -- ' V. PETITIONER
(By Sri- N- %
Am): ' 4%
State "
fly ..y1ja3éea3;1a3ga1~¢I?9ii{§é; ' " **** " "
Rcpmmnim by _
Stat__e "I?u'is}.i(_:*-1?rc~Se§:i;tor,
High ~C<l'»1H'f 73'-3Ii1d"".
' V *»....Banga1o;--e. ,. ...RESPONDENT
. . jv -Sfi.Hoi;z;éppa, HCGP )
Criminal Petition is filed under Section 439
praying ta enlarge the petitioner on bail in
V . Cr.VNo.386 OF 2008 of Vijayanagar Police Station, on the
‘ of the City Fast Track Sessions Judge (FTC-II),
6%”
Bangalore, in S.C. No.1179 of 2608 for the ofience pju/s.
302 r/W. 34 of IPC.
This Criminal Petition coming on for _
the Court made the following: . .
In this petition filed undor 2 439 ¢jr.oP.~o%;, L’t.}ge
petitioner who has been )1} ‘me
No.3-86 of 2003 of Vijay’ax}aga_r””Po3i3:o”o'{C.C.é %No;2o3s9 of
2008; on the file of the on Ltngraeokoof t1*3’L§é”i7§j{.’»’,f&_c:1ditiona1 Chief
Metropolitan Magistgféte, 2 ‘for the ofienoe
punishable 147, 143, 302 r/W.
%%%% SEW
Section M9 __ §_ ;’eoas«voV_T’sougfat for an order é his
enlargemenf.on: V V’
2′;'[j prosecution case, the said case
wVa3’_. offence punishable under Socfion 302
‘ V’ IPC based on the compkaint said to have
— lodgécfby one Vishnu, S/o. HP. Vonkatappa at about
1-0: on 03.68.2008. Even according to the complaint
‘§i1iega£t:ions, the complainant was not an eyewitness to the
“aEieged murder. According to him, he came to know about
&__
3
the incident through phone from one of his relative Raghu
and immediately he came to the scene of occrrence ai1d___saw
his ‘orothen-in-law Karinarasimha lying dead, and 9;:
with his son, Karthik (CW. 18), he came to
deceased was assaulted by J;.’P”.” “–ii’eja;
Thimmenahaili Gunda@ Kariyeand
3) On the basis of the aliegatioziisetllie fiefifioner
was arraigned as Aecusediie. “investigation, the
petitioner was oI1″‘2§’,O8.f;2QC=§’. was
subjected ‘i§:iE’4V”ae§1:)p1icatjon filed for bail
before Judge came to be rejected.
Therefore, he petition for bail.
” _ A ieeeese for the petitioner contended that
the… produced along with the charge
V h””V’oheet,A new the Investigation Ofiioer, do not prime.
‘ ” the involvement of the petitioner in the alleged
–aod therefore, there are no reasonable gounds to
Eielieve that the petifioner is guilty ef any offence punishable
5%,
with death or life imprisonment, as such, he is entiflezito be
enlarged on bail.
5) On the other hand, 1ea1’ned’v pieader V’
representing the Respondent-State’;.V –
materials available on recom faeie. t:he
petitioner herein was alsosone of sf
assembly sharing common’ of the
common object, ‘V murder of the
deceased .. _ therefore, there are
petitioner is guilty of
the or life imprisonment, as
such, hejis larged on bail.
_EaI.en:’eeeordir1g to the cenaplairlant, he came to
}a1o5éV. ‘in§oNement of the assailants through his
gen has been as CW118 in the charge
.1 seem; ‘ of the copy of the statement said to have
:_ gjgade by CW. 18 indicates that he has not diselosed the
h ‘ A of the present petitioner as one of the assailants. No
&
, 5
overt»-act is attributed against the petitioner and his
presence also is not indicated in the statement of CW.18.
fiver} the further statement of CW. 18 do not indicate the
presence of the petitioner at the scene of
statements of other material witnesses also doeet’
the invotvement of the petitioner herein. it ”
offence.
7) Having regard to t11e’_f2’e1§:ts of *
the ease and the materials avaflattiie-.eeI:..recer<i,A Tet stage,
there are . to believe that the
petitioner i' kgfience alleged. Admittediy,
investigation ..ia1ree§:iy?i~-._eeeipieted and charge sheet has
Therieibre-,« " the question of the petitioner
the investigafion does not arise. The
'apprehension with regard to
_. §%..ta_ieper:ing" ,{:)_i? terrerising the prosecution witnesses the
"3'/"Cb\..\.\ cl ')6 % r\'3"~*§ £3'?-_.{\f'\9 Gb"¢'«c'%x'&%'£.wu§Z ,
and fleeing away from just.ice1\ Therefore, the
h is entitled to be enlarged on bail subject to
If . _ ,4 it i L «. ' ''eenditiens. @
8) Accordingly. the petition is aflowedf ”
petitiener is ordered to be enlarged on bail
executing a persona} bond for a sumgoif V
sureties for the 1ike–sum tow the – 2
Jurisdictionai Court and subject §’11I’th”e1″= he-
shall not tamper or tenfofiee Vwitiiesses in
any manner; that he she}! dates before
the Jurisdictional he shall not
indulge in against him.