Venkatesha @ Skill and Azar @ Laddu vs State of Karnataka

N. Ananda, J.—The petitioners in Crl. P. 5421/2013 are arrayed as accused No. 1 and 2 in Crime No. 156/2013 pending investigation for offences punishable under Sections 307 r/w 34 IPC. The petitioners in Crl. P. 5217/2013 are arrayed as accused Nos. 3, 4, and 6 in Crime No. 156/2013 pending investigation for offences punishable under Sections 307 r/w 34 IPC. They are in judicial custody. They have sought for bail.

Heard learned counsel for petitioners and learned State Public Prosecutor for the State.

In the first information, it is stated that at about 8.45 p.m., on 14.06.2013, when the victim (Manjunatha) was near Shivashakthi Bar & Restaurant, four persons confronted him saying that they belong to the group of Skilla and Laddu and they have sent those persons to commit the murder of the victim. Simultaneously, they also told them if they are given money for drinks, they would go back.

It is stated that, at that time, those persons stabbed the first informant and other injured person (Santhosh @ Santhu) and they were shifted to Victoria Hospital. The wound certificate of victim (Manjunatha) would reveal that victim had suffered stab injury on the abdomen and the wound certificate of injured (Santhosh) would reveal that he had suffered deep penetrating injury on right iliac region.

The petitioners were not present near the place of incident. Therefore, at this stage of the case, the allegations made in the first information that the assailants had been sent by the petitioners and the assailants threatened the first informant that they would kill them and they had been sent by petitioners 1 and 2 to kill them and the assailants demanded the victim to pay money for drinks, which implies that if money as demanded by the assailants had been given by the victim, they would have gone without causing harm to the victim. In the circumstances, there is no prima-facie case against petitioners. The detention of petitioners during investigation and trial may not serve any useful purpose. Therefore, I pass the following:

ORDER

The petitions are accepted. The petitioners are released on bail, subject to following conditions:-

I. The petitioners shall execute bonds for a sum of Rs. 50,000/- (Rupees Fifty Thousand only) each and shall offer one surety for the like sum;

II. The petitioners shall not intimidate or tamper with prosecution witnesses;

III. The petitioners shall appear before the jurisdictional police on every Sunday between 10.00 a.m., and 2.00 p.m., until the final report is filed;

IV The petitioners shall regularly attend the court.