KABC010162602022
IN THE COURT OF THE LX ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH 61)
:Present :
Sri Narashimsa.M.V., B.Com., LL.B.,
LX Addl. City Civil & Sessions Judge,
Bengaluru.
Dated: This the 24th day of June, 2022
: Crl.Misc.No. 6068/2022:
PETITIONER:-
Bhaskar
S/o Late Parushuram
Aged about 46 years
R/at No. 565
22nd Cross, Kasturba Nagar
Erannagudde, Girinagar,
BSK 3rd Stage,
Bengaluru.
(By Sri. Veeranna G. Tigadi, Adv)
V/s
RESPONDENT :
The State of Karnataka
By: Byatarayanapura Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
ORDER
Petitioner /A-1 in Byatarayanapura Police Station Crime No.
290/2021 has filed this bail application under Sec. 439 of Cr.P.C for
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grant of bail for the offences punishable under Sec. 143, 147, 148,
120 (B), 302 r/w 149 of IPC.
2. Brief facts of the case as forthcoming from the first
information is that on 22.10.2021 at 6.15 p.m. accused No.2 called
Chandrashekhar over phone and asked him to come near Siddartha
Wine Store, Muneshwara Block as he wants to talk with him. Then
in order to kill him , he was taken in a auto by accused No. 2 to 4.
With deadly weapons induced Chandrashekar @ Shekar and made
him to sit in the auto and took him near Nice Road behind Jain
Hospital and asked accused No.4 to hold the deceased tightly and
to assault him with knife and accused No.3 asked him to put chilly
powder on his face and assault with dragger and by giving one
dragger to accused No.2 asked him to assault and also asked the
petitioner and accused No.5 to watch if any person comes there to
call him over phone. The accused No.2 to 4 took the deceased in
the Auto and the accused No.3 abused him stating that as to why he
spoiled his life and hold his shirt collar and accused No.3 put chilly
powder on the face of Chandrashekar and when accused No.4
asked to assault, the accued No.2 with knife has assaulted on the
face, nose of Chandrashekhar and Chandrashekhar tried to ran
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away, but the accused No.4 with dragger assaulted on his face,
head, hands and accused No.2 put a
heavy stone upon the
deceased killed him and escaped. Hence the complaint was lodged
by sister of deceased.
3. Petitioner/accused No.1 has urged the following grounds :
Petitioner is innocent has not committed any offence, at no
point of time had been to the alleged spot nor he had assaulted the
deceased, due to some political influence the petitioner has been
falsely implicated in this case, if he is not released on bail he has to
languish in the judicial custody till disposal of the case which may
take considerable time for disposal of the case, as the petitioner is
the sole person for the livelihood of his family members, petitioner is
no more required for further judicial custody, FIR registered against
four to five unknown persons.

Petitioner has no prior plan, motive
intention nor executed by taking part with other accused in
committing the murder of the deceased victim.

Hence prayed for
grant of bail.
4. Learned Public Prosecutor has filed objections to bail
application. In objections the entire averments of first information
are reiterated. In objections it is stated that the offence committed
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by the petitioner is heinous in nature which can be punishable upto
death or life imprisonment.

If petitioner is enlarged on bail, there is
every likelihood that he may commit similar offence, threaten the
witnesses and destruct the evidence. Hence prayed for rejection of
bail.
5. Heard the learned Advocate for petitioner and the learned
Public Prosecutor.
6. The point that arise for consideration is :
(1) Whether bail application filed by accused in
Byatarayanapura Police Station Crime
No.

290/2021 deserves to be allowed ?
7. My finding to the above point is in the Affirmative, for the
following :REASONS
8. Point No.1:
Perusal of the record discloses that the
incident has taken place on 22.10.2021.

Investigation has been
completed, charge sheet has been filed on 22.1.2022 against
accused No.1 to 5. Accused No.1 has filed this bail application.
Allegations against accused No.1 and 5 are para-materia same. It
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is alleged that when accused No.2 to 4 committed the murder,
accused No.1 and 5 were standing in Veerabhadra Nagara Main
Road and watching as to any person would come near Nice Road
i.e. the spot at which murder is committed. It is also alleged that
accused No.1 and 5 used the two wheeler belonging to C.W.21 to
reach Veerabhadra Nagara Main road. The Hon’ble High Court of
Karnataka in Crl. Petition No. 2739/2022 has enlarged accused No.5
on bail. Allegation against accused No.1 is that he is part of a
conspiracy, there are no eye witnesses to the incident. Conspiracy
has to be proved during the course of trial. Accused No.1 and 5 are
said to be at a distance from the spot where murder took place. It is
not the case of the prosecution that accused No.1 to 5 were also
equal participants in the act, but allegations against them is that they
have aided the commission of offence. Since accused No.5 has
been granted bail by the Hon’ble High Court of Karnataka,
allegations against accused No.1 being the same, on the ground of
parity accused No.1 can also be enlarged on bail, subject to
conditions, which will take care of the apprehensions of prosecution.
Hence, I answer the above point in the Affirmative and proceed to
pass the following :
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ORDER
Bail application filed by
petitioner/A-1 is hereby
allowed. Petitioner shall be enlarged on bail in Crime
No. 290/2021 of Byatarayanapura P.S. for the offence
punishable under Sec. 143, 147, 148, 120B, 302 r/w
149 of IPC, subject to the following :
CONDITIONS
1. Petitioner shall execute his personal bond for
a sum of Rs 2,00,000/- with two sureties for the likesum.
2. Petitioner shall not indulge in tampering the
prosecution witnesses.
3. Petitioner shall appear before the Court on all
the future hearing dates, unless exempted by the Court
for any genuine cause.
4. Petitioner shall not leave the jurisdiction of this
Court without prior permission of this Court till the case
registered against him is disposed of.
(Dictated to the Stenographer, transcribed and typed by him, after corrections,
pronounced by me in the Open Court on this the 24 th day of June, 2022)
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru
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