- 1 -

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03^RD DAY OF SEPTEMBER, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.5718/2021

BETWEEN :

1.

SISTER LISSY ROSE

D/O THOMAS P.A

AGED ABOUT 41 YEARS

OCC.RELIGIOUS NUN OF CHRISTIAN

CATHOLIC ORDER

AT: BHARATH MATHA SCHOOL

NO.81, KOPPA 1

PERIYAPATNA, MYSURU-571104

2.

FATHER JOHNSON A.F

S/O FRANCIS A.M

AGED ABOUT 54 YEARS

OCCUPATION: (RELIGIOUS PRIEST

OF CHRISTIAN CATHOLIC ORDER)

AT: NO.4522/1, SHIVAJI MAIN ROAD

N.R MOHALLA CARMEL BHAVAN, MYSORE

NARASHIMA RAJA MOHALLA

MYSORE KARNATAKA-570007

&PETITIONERS

(BY SRI. CHANDRAMOULI H.S, ADVOCATE)

AND :

1.

THE STATE OF KARNATAKA

REP.BY THE POLICE OF:

PERIYAPATNA POLICE STATION

MYSURU CITY-571107

- 2 -

REP.BY: THE STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU-560001.

2.

SRI.GK SOHAN KUMAR

S/O KRISHNOJI RAO

AGED: MAJOR IN AGE

R/AT: KOTE BRAHMINS STREET

PERIYAPATNA TOWN

MYSURU DISTRICT-571107

& RESPONDENTS

(BY SRI H.R.SHOWRI, HCGP FOR RESPONDENT

NO.1 AND SRI. NISHIT KUMAR SHETTY, ADVOCATE

FOR RESPONDENT NO.2)

THIS

CRIMINAL

PETITION

IS

FILED

UNDER

SECTION 438 OF CR.P.C PRAYING THIS COURT TO

ENLARGE

THE

PETITIONER

ON

BAIL

IN

CRIME

NO.134/2015

OF

PERIYAPATNA

POLICE

STATION,

MYSURU DISTRICT FOR THE OFFENCE PUNISHABLE

UNDER SECTIONS 363, 302, 201, 304(A) OF IPC.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:-

O R D E R

The petitioners-accused Nos.2 and 3 are before this

Court seeking grant of anticipatory bail in Crime

No.134/2015 of Periyapatna Police Station, Mysuru

district, registered for the offences punishable under

Sections 302, 201 r/w 34 of Indian Penal Code (for short

- 3 -

'IPC'), on the basis of first information lodged by the

informant-G.K.Sohan Kumar.

2.

Heard Sri.Chandramouli.H.S, learned Counsel

for the petitioners, Sri.H.R.Showri, learned High Court

Government Pleader for respondent No.1-State and Sri.

Nishit Kumar Shetty, learned counsel for respondent No.2.

Perused the materials placed on record.

3.

Learned Counsel for the petitioner submitted

that the petitioners are arrayed as accused Nos.2 and 3.

They are innocent and law abiding citizen. They have not

committed any offence as alleged. They have been falsely

implicated in the matter without any basis. Initially the

informant lodged the first information with Periyapatna

police and FIR came to be registered in crime No.134/2015

for the offences punishable under Sections 302, 201 read

with 34 of IPC. After investigation, charge sheet came to be

filed for the offence punishable under Section 304(A) of

IPC. In the meantime, the complainant filed private

complaint in PCR No.230/2016 alleging commission of the

- 4 -

offence punishable under Section 302 of IPC. The learned

Magistrate after examining CWs.1 to 3 took cognizance of

the offence on 27.4.2021 for the offence punishable under

Sections 302, 201 read with 34 of IPC and directed to

register the criminal case and issued summons to accused

Nos.1 to 3. These petitioners/accused Nos.2 and 3 are

before this Court. Learned counsel submitted that when

detailed investigation is already conducted by the police

and charge sheet is filed for the offence punishable under

section 304(A) of IPC and when CWs.1 to 3 never stated

specifically that these petitioners have caused the death of

the deceased, there is absolutely no material to attract

Section 302 of IPC. In Crime No.134/2015, these

petitioners

have

already

granted

bail.

Under

such

circumstances, there are no grounds to reject the present

petition. The pe