Sri Prasad vs State of Karnataka on 10 July, 2015

Karnataka High CourtSri Prasad vs State Of Karnataka on 10 July, 2015Author: L.Narayana Swamy 1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10TH DAY OF JULY, 2015

BEFORE

THE HON'BLE Mr. JUSTICE L.NARAYANA SWAMY

CRIMINAL PETITION NO.3546/2015

BETWEEN:

SRI. PRASADS/O SHIVALINGEGOWDAAGED ABOUT 23 YEARSOCC: STUDENTR/AT NO 8/1, G STREET,1ST MAIN ROADMYSORE ROADHOSAGUDDADAHALLIBANGALORE-560018. ..PETITIONER

(BY SRI.R.B.DESHPANDE, ADVOCATE)

AND:

STATE OF KARNATAKA BYBYTARAYANAPURA POLICEBANGALOREREP BY SPP HIGH COURTBANGALORE-560001 ..RESPONDENT

(BY SRI B.J.ESHWARAPPA, HCGP) 2

THIS CRIMINAL PETITION IS FILED UNDERSECTION 439 OF Cr.P.C., PRAYING TO ENLARGE THEPETITIONER ON BAIL IN CRIME NO. 133/2013 OFBYATARAYANAPURA POLICE STATION, BANGALORE CITY,FOR THE OFFENCE PUNISHABLE UNDER SECTION341,323,302 R/W 34 OF IPC.

Sri Prasad vs State Of Karnataka on 10 July, 2015

Indian Kanoon - http://indiankanoon.org/doc/173752585/ 1

THIS PETITION COMING ON FOR ORDERS, THISDAY, THE COURT PASSED THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.Perused the application filed under Section 439, Cr.P.C.

2. Petitioner is accused No.3 in criminal case registered in Crime No.133/2013 on the file ofByatarayanapur Police Station, Bengaluru City. After concluding the investigation, charge sheet hasbeen filed against all the accused for the offences punishable under Sections 302 r/w 34 of IPC. Thepetitioner-accused No.3 is in judicial custody since from 2 years 4 months. Hence the Regular bailapplication is filed under Section 439 of CR.P.C., seeking his release.

3. Learned Government Pleader has vehemently opposed the bail application on the ground thatthere is prima facie case against this petitioner. Further submits that CW7 and CW8 are the eyewitness to the alleged incident. Hence he requests this court to dismiss the bail application.

4. The learned counsel for the petitioner submits that the petitioner is innocent of the allegedoffences and he is in judicial custody since from 2 years four months and his education has beendropped. He further submits that similarly placed accused No.4 namely Naveen has already beenreleased on bail by this Court in Crl.P No.1093/2014. Accordingly, the petitioner prays for grant ofbail on the ground of parity.

5. On perusal of records it reveals that the incident took place on 25.03.2013 there after immediatelythis petitioner accused No.3 was arrested and he is in judicial custody since then. Though he claimsthat he is a student, no documents are produced for the same. By looking at the age of petitionersaid to be 23 years and the length of time of judicial custody and also the fact that the even the trialhas not commenced, if this petiton is rejected, for completion of trial it takes more than 2 to 5 years.Further investigation is completed and charge sheet has been filed and similarly placed accusedperson is already released on bail by this Court in the aforementioned petition. The petitionerundertakes before this Court to obey any conditions that may be imposed on him. In thecircumstances, I am of the opinion that by imposing proper conditions petitioner may be enlargedon bail. Hence the following:

ORDER Accordingly, the petition under Section 439 of Cr.P.C. is allowed and the petitioner isgranted bail subject to the following conditions:

1) He shall execute a bond for a sum of Rs. 50,000/- with one solvent surety for thelike sum to the satisfaction of the jurisdictional court;

2) He shall not hold out threat to prosecution witnesses or tamper with evidence;

3) He shall attend the court on all dates of hearing, except under unavoidable circumstances If heviolates any of the above conditions, prosecution will be at liberty to seek cancellation of bail.



Sd/-

JUDGE HR



Sri Prasad vs State of Karnataka on 10 July, 2015

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