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Sri Prasad vs State Of Karnataka on 10 July, 2015

Karnataka High Court


Sri Prasad vs State Of Karnataka on 10 July, 2015
Author: 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. PRASAD
S/O SHIVALINGEGOWDA
AGED ABOUT 23 YEARS
OCC: STUDENT
R/AT NO 8/1, G STREET,
1ST MAIN ROAD
MYSORE ROAD
HOSAGUDDADAHALLI
BANGALORE-560018.

..PETITIONER

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


AND:
STATE OF KARNATAKA BY
BYTARAYANAPURA POLICE
BANGALORE
REP BY SPP HIGH COURT
BANGALORE-560001

..RESPONDENT

(BY SRI B.J.ESHWARAPPA, HCGP)


2

THIS CRIMINAL PETITION IS FILED UNDER


SECTION 439 OF Cr.P.C., PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CRIME NO. 133/2013 OF
BYATARAYANAPURA POLICE STATION, BANGALORE CITY,
FOR THE OFFENCE PUNISHABLE UNDER SECTION
341,323,302 R/W 34 OF IPC.

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

Sri Prasad vs State Of Karnataka on 10 July, 2015

THIS PETITION COMING ON FOR ORDERS, THIS


DAY, 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 of
Byatarayanapur Police Station, Bengaluru City. After concluding the investigation, charge sheet has
been filed against all the accused for the offences punishable under Sections 302 r/w 34 of IPC. The
petitioner-accused No.3 is in judicial custody since from 2 years 4 months. Hence the Regular bail
application 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 that
there is prima facie case against this petitioner. Further submits that CW7 and CW8 are the eye
witness 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 alleged
offences and he is in judicial custody since from 2 years four months and his education has been
dropped. He further submits that similarly placed accused No.4 namely Naveen has already been
released on bail by this Court in Crl.P No.1093/2014. Accordingly, the petitioner prays for grant of
bail on the ground of parity.
5. On perusal of records it reveals that the incident took place on 25.03.2013 there after immediately
this petitioner accused No.3 was arrested and he is in judicial custody since then. Though he claims
that he is a student, no documents are produced for the same. By looking at the age of petitioner
said to be 23 years and the length of time of judicial custody and also the fact that the even the trial
has 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 accused
person is already released on bail by this Court in the aforementioned petition. The petitioner
undertakes before this Court to obey any conditions that may be imposed on him. In the
circumstances, I am of the opinion that by imposing proper conditions petitioner may be enlarged
on bail. Hence the following:
ORDER Accordingly, the petition under Section 439 of Cr.P.C. is allowed and the petitioner is
granted bail subject to the following conditions:
1) He shall execute a bond for a sum of Rs. 50,000/- with one solvent surety for the
like 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 he
violates any of the above conditions, prosecution will be at liberty to seek cancellation of bail.
Indian Kanoon - http://indiankanoon.org/doc/173752585/

Sri Prasad vs State Of Karnataka on 10 July, 2015

Sd/JUDGE HR

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