IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^th DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.314/2021

BETWEEN:

R.K.SANTHOSH @ SANTHOSH @ KANNADA MAGA,

S/O RADHAKRISHNA, AGED ABOUT 29 YEARS

R/AT #190, 3^RD CROSS,

ANDRA COLONY, A. NARAYANAPURA

DOORAVANINAGARA POST,

BANGALORE 56 0048.

.. PETITIONER

(BY SRI. M. KRISHNE GOWDA, ADVOCATE)

AND:

1. STATE OF KARNATAKA

STATE BY MAHADEVAPURA P.S.

REPTD. BY HIGH COURT GOVT. PLEADER

HIGH COURT OF KARNATAKA,

BANGALORE 560 001.

2. ANITA, W/O LATE CHALAPATHI,

AGED ABOUT 30 YEARS,

R/AT 200, AMBEDKAR NAGAR,

MAHESHWARINAGARA, MAHADEVAPURA,

BANGALORE 560 048.

.. RESPONDENTS

(BY SRI. SHOWRI H.R., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

CR.P.C. PRAYING TO PASS AN ORDER OF INTERIM BAIL ALLOWING THE

2

PETITIONER IN (CRIME NO.433/2019) OF MAHADEVAPURA POLICE NOW

IN SPL. CASE NO.1356/19 AND PENDING BEFORE 70^TH ADDL. CITY CIVIL

AND SESSIONS JUDGE AT BANGALORE (CCH-71) FOR A PERIOD OF 15

DAYS FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 144, 147,

148, 109, 302, 120B, 506B R/W 149 OF IPC AND U/S 3(1)(r), 3(2)(v) OF

SCT/ST IN THE INTEREST OF JUSTICE.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH

VIDEO CONFERENCING HEARING AT DHARWAD BENCH, THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

This is the third successive bail petition filed by the

petitioner/accused No.2 under Section 439 of the Code of Criminal

Procedure, 1973, for grant of interim bail for fifteen days in Crime

No.433/2019 registered by the Mahadevapura Police for the offence

punishable under Sections 143, 144, 147, 148, 109, 302, 120B and

506B read with Section 149 of the Indian Penal Code, 1860,

(hereinafter referred to as the ‘IPC’, for brevity) and under Section

3(1)(r), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989, now in Spl. Case No.1356/19

and pending before the learned 70^th Additional City Civil and

Sessions Judge, Bangalore.

2.

The case of the prosecution is that, on the complaint of

one Sri. Prasad Kumar-brother of the deceased-Chalapati, a case

3

was

registered

by

the

Mahadevapura

Police

against

the

petitioner/accused No.2 and others for the aforesaid offences on

13.09.2019 alleging that about 11.00 to 11.30 am, the accused

committed the murder of Chalapati when he was in the workshop.

The police arrested the petitioner and others and they have been

remanded to the judicial custody. The petitioner moved bail

petition before this Court as well as the trial Court which came to be

rejected. Successive bail petitions filed by the petitioner were also

rejected by this Court on 22.05.2020 and 23.10.2020 in Criminal

Petition

No.8824/2020

and

Criminal

Petition

No.4360/2020,

respectively and this petition is the third successive bail petition by

the petitioner/accused No.2.

3.

Learned counsel appearing for the petitioner contended

that the mother of the accused Smt. Sumithra is suffering from

heart ailment. She has been admitted in the hospital and she is in

serious condition and requires medical care and attention from the

petitioner who is the only person to take care of his mother.

Hence, learned counsel prays that, interim bail for a short period

may be granted to the petitioner and the petitioner is ready to

4

surrender after providing some treatment to his mother. Though

the petition is filed for grant of fifteen days interim bail, but the

learned counsel prayed that at least thirty days may be granted.

4.

Per contra, learned High Court Government Pleader for

the respondent-State objected to the petition and prayed not to

grant any interim bail. Hence, prayed for dismissal of the petition.

5.

On considering the arguments of the learned counsel

appearing on both sides and on perusal of the documents produced

by the lea