Ramamurthy @ Auto Rama v. The State of Karnataka by

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13315 OF 2024 BETWEEN:

¶1RAMAMURTHY @ AUTO RAMA S/O RAMESH AGED ABOUT 31 YEARS RESIDING AT MEDAHALLI VILLAGE, KASABA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561 203.

¶2SRIKANTHA @ KANTHA S/O SRINIVAS AGED ABOUT 21 YEARS RESIDING AT OPP BJP OFFICE BHUVANESHWARINAGAR DODDABALLAPURA TOWN KASABA HOBLI, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT PIN NO.- 561 203. …PETITIONERS (BY SRI MANJUNATHA KAMBAR, ADV.) AND:

THE STATE OF KARNATAKA BY DODDABALLAPURA RURAL POLICE STATION BENGALURU DISTRICT - 561203 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA EERAPPA, HCGP)

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN

Digitally signed by NANDINI MS Location: High Court of Karnataka

SC.NO.10022/2024 (CR.NO.154/2024) OF RESPONDENT DODDABALLAPURA POLICE, FOR THE OFFENCES P/U/S 143,147,148,302,323,364,201,120(B) R/W 34 OF IPC, PENDING ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, DODDABALLAPURA, BENGALURU RURAL DISTRICT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused nos.5 & 9 in S.C.No.10022/2024 pending before the Court of IV Addl. District & Sessions Judge, Doddaballapura, Bengaluru Rural District, arising out of Crime No.154/2024 registered by Doddaballapura Rural Police Station, Bengaluru District, for the offences punishable under Sections 143, 147, 148, 302, 323, 364, 201, 120B read with 149 IPC, are before this Court under Section 439 Cr.PC.

¶2Heard the learned Counsel for the parties.

¶3FIR in Crime No.154/2024 was registered by Doddaballapura Rural Police Station, Bengaluru District, initially for the offences punishable under Sections 143, 147, 148, 149, 302, 323 IPC, against one Narasimhamurthy and 8 to 9 others, on the basis of the first information dated 11.05.2024 received from Shashikumar S/o late Chikkajanappa, who is the father of

deceased Hemanthgowda. During the course of investigation, accused no.5 was arrested on 17.05.2024 and accused no.9 was arrested on 20.05.2024. Investigation of the case is completed and charge sheet has been filed against ten persons. Bail application filed by the petitioners before the jurisdictional Sessions Court in Crl. Misc. No.10165/2024 was rejected on

23.09.2024. Therefore, they are before this Court.

¶4Learned Counsel for the petitioner submits that the allegation as against accused no.6 and petitioners herein are identical. The eye-witnesses have not named any one of the accused except accused no.1. Accordingly, he prays to allow the petition.

¶5Per contra, learned HCGP has opposed the petition.

¶6Accused no.6 has been granted regular bail by this Court in Crl.P.No.11653/2024 disposed of on 29.11.2024. This Court in paragraph no.8 while granting regular bail to accused no.6 has observed as under: "8. During the course of investigation of the case, accused no.1/Narasimhamurthy was arrested on

15.05.2024 and on the basis of the confession statement of accused no.1/Narasimhamurthy, the other accused

persons appears to have been arrested subsequently in the present case. CW-2 to 6 who are the alleged eye witnesses in the present case, have not spoken to about the overt act committed by the other accused persons, except accused no.1/Narasimhamurthy. None of the eye witnesses have named any one of the accused, except accused no.1/Narasimhamurthy. It is not in dispute that the Police have not conducted any test identification parade in the present case in the manner known to law. Recovery of vehicle used to kidnap deceased and the weapons which were allegedly used to assault deceased have been made after accused no.1/Narasimhamurthy who is named in the FIR was arrested. It is not in dispute that the petitioner has no other criminal antecedents. Investigation in the case is complete and charge-sheet has been filed. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of a regular bail needs to be answer affirmatively."

¶7The allegations found as against the petitioners herein and accused no.6 are similar. Under the circumstances, I am of the opinion that on the ground of party, the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

¶8The Petition is allowed. The petitioners are directed to be released on bail in S.C.No.10022/2024 pending before the Court of IV Addl. District and Sessions Judge, Doddaballapura,

Bengaluru Rural District, arising out of Crime No.154/2024 registered by Doddaballapura Rural police Station, Bengaluru District, for the offences punishable under Sections 143, 147, 148, 302, 323, 364, 201, 120B r/w 149 of IPC, subject to following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners 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