Poorna vs The State Of Karnataka
2 May, 2023
Bench: Hon’ble G Basavaraja
FACTS:-
The two cases, Crl.P.No.1989/2023 and Crl.P.No.2018/2023, are related to the same Sessions Case and are being clubbed together. The charge sheet against accused Nos.1 to 12 has been submitted for the commission of an offense punishable under Section 302 read with 34 of IPC, where accused Nos.1 and 2 have allegedly committed murder by assaulting Prashanth Nagaraj with a long object. Eye witnesses have also been cited in the charge sheet. Petitioners No. 1 and 2 are accused of committing the murder and therefore, are not entitled to bail. However, there are no allegations against petitioners No. 3, 4, and 8 to have committed the murder. The prosecution has alleged that they have committed the offense punishable under Section 120B and other offenses. The counsel for petitioners No. 3, 4, and 8 has cited the release on bail of other accused in the case, and therefore, requested bail for their clients.
JUDGEMENT
After considering the charge sheet and the prosecution papers, the judge rejected the first petition filed on behalf of petitioner Nos.1 and 2, as there were prima facie materials indicating their involvement in the murder of Prashanth Nagaraj, and granting bail to them would adversely affect the society at large.
However, the second petition filed on behalf of petitioner Nos.3, 4 and 8 was allowed. The judge took into account the fact that there were no allegations against them regarding the murder of Prashanth Nagaraj, and other accused in the same case had already been granted bail.
The Judge has ordered the release on bail of petitioners/accused Nos. 3, 4 and 8 in Crl.P.No.1989/2023 and Crl.P.No.2018/2023, subject to the following conditions:
- The petitioners shall not commit similar offences.
- The petitioners shall not threaten or tamper with the prosecution witnesses in any manner.
- The petitioners shall appear before the Court as and when required.
If the petitioners violate any of the above-mentioned conditions, the prosecution will be allowed to move the Trial Court seeking the cancellation of their bail. The petitioners are required to obtain a bond of Rs. 2,00,000/- each with two sureties each for the like-sum to the satisfaction of the jurisdictional Court.
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JUDGEMENT REVIEWED BY SHREEYA S SHEKAR
