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IN THE HIGH COURT OF KARNATAKA

AT BENGALURU

DATED THIS THE 7^TH DAY OF JULY, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.4361 OF 2021

BETWEEN:

MR.PRADEEP KUMAR @ PAPPU

AGED ABOUT 36 YEARS

S/O THANIYAPPA POOJARY

R/AT 7-70, KABBINA HITLU MANE

KAMATH LANE, BANTWAL TALUK

KASBA VILLAGE AND TALUK – 574 211

... PETITIONER

[BY SRI.SUDHARSHAN.L., ADVOCATE]

AND:

STATE OF KARNATAKA

BY BANTWALA TOWN POLICE STATION

DAKSHINA KANNADA

REP. BY SPP, HIGH COURT,

BENGALURU – 560 001

... RESPONDENT

[BY SRI.VINAYAKA V.S, HCGP]

* * *

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

CR.NO.115/2020 OF BUNTWALA TOWN P.S., D.K., DISTRICT FOR THE

OFFENCE P/U/S 302, 201, 392, 120B, 212 R/W 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY

THE COURT MADE THE FOLLOWING:

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ORDER

This petition is filed under Section 439 of Cr.P.C. by

accused No.4 to enlarge him on bail in Crime No.115/2020 of

Buntwala Police Station.

2.

Heard the learned counsel for petitioner and learned

High Court Government Pleader for respondent-State.

3.

Initially on a complaint lodged by one Chandrahas

Bhandary, brother of deceased Surendra Bhandary, the aforesaid

case was registered against accused No.1-Sathish and other

unknown persons for offence punishable under Sections 302 and

201 of IPC. On completion of investigation, charge sheet has

been laid against accused Nos.1 to 11 for offences punishable

under Sections 302, 392, 120B, 201, 212 r/w 34 of IPC.

4.

Brief facts of the prosecution case are that deceased

Surendra Bhandary was doing financial business since ten years.

He was residing at Flat No.503 in Vasti Apartments, Buntwal.

Accused Nos.4 and 6 had availed a huge amount of loan from

him and they were unable to pay back the interest as well as the

principal amount obtained by them from the deceased. There

was ill-will between accused Nos.1 and 5 with the deceased. In

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this background accused Nos.4 and 6 conspired with other

accused persons to commit the murder of Surendra Bhandary.

Accused No.4 contacted accused No.3, an undertrial prisoner at

Bengaluru Central Prison and hatched a conspiracy and gave

supari of Rs.11,70,000/- In furtherance of the conspiracy

entered between the accused persons, on 20.10.2020 at about

9.15-10.30 p.m. accused Nos.1 and 2 committed the murder of

Surendra Bhandary in flat No.503 by stabbing with sharp edged

weapons.

5.

There are no eye witnesses to the incident in

question. Complaint is lodged by the brother of deceased

against accused No.1 and other unknown persons. Petitioner

came to be arrested on 20.10.2020. He is arraigned as accused

No.4 in the charge sheet. The main allegation against the

petitioner is that he borrowed huge loan from the deceased and

as he was unable to pay the said loan amount as well as the

interest. Hence, he hatched a conspiracy with other accused

persons to commit the murder of Surendra Bhandary. It is alleged

that he gave supari to accused No.3 to eliminate the deceased.

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6.

Learned

High

Court

Government

Pleader

has

contended that there are C.C.TV footages regarding the

movements of the accused persons outside the apartment and

there is recovery of a Car at the instance of the petitioner herein.

However, it is not the case of prosecution that the petitioner has

actively participated in committing the murder of deceased or

that he was seen near the scene of occurrence at the time of

incident. The allegations are that there was financial transaction

between the petitioner and the deceased and this petitioner gave

supri to commit the murder. The same has to be established

during trial. Similar allegations are made against accused No.6

and the said accused has been enlarged on bail by this Court in

Criminal

Petition

No.3093/2021

dated

16.06.2021.

The

petitioner

is

in

judici