IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE B.A. PATIL

CRIMINAL PETITION NO.6212/2020

BETWEEN:

Sri.Kiran @ Kumuda,

S/o Prakash,

Aged about 27 years,

R/at Government Hospital,

Janatha Colony Site,

Huliyurudurga, Kunigal Taluk,

Tumkur District – 560 012.

… Petitioner

(By Sri.Nagaraja N., Advocate)

AND

State of Karnataka,

By Tavarekere Police Station,

Bengaluru.

Represented by

State Public Prosecutor,

High Court Building,

Bengaluru – 560 001.

… Respondent

(By Sri.R.D.Renukaradhya, HCGP)

This Criminal Petition is filed under Section 439 of

Cr.P.C., praying to enlarge the petitioner on bail in

Cr.No.117/2015 of Tavarekere P.S., Ramanagara For the

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offences P/U/S 143, 147, 148, 307, 302, 120B, 506, 149 of

IPC.

This Criminal Petition coming on for Orders this day,

the Court made the following:

O R D E R

The present petition has been filed by the

petitioner/accused No.2 under Section 439 of Cr.P.C. to

release him on bail in Crime No.117/2015 of Tavarekere

Police Station for the offence punishable under Sections

120B, 143, 147, 148, 302, 307 and 506 read with

Section 149 of IPC.

2.

I have heard Sri. Nagaraja N., learned

counsel for the petitioner/accused No.2 and Sri.

R.D.Renukaradhya, learned High Court Government

Pleader for the respondent-State.

3.

Brief facts of the case of the prosecution as

per the complaint averments is that complainant is

stated to be working in a private company in Penya II

Stage. On 03.03.2015, complainant had holiday for his

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work and he was at house. On the same day at about

10.00 a.m, complainant met Nataraja @ Nataraja Kumar

near his house where Nataraj was constructing a house

and they were discussing about Nataraja’s daughter’s

marriage which was recently held. At about 10.15 a.m,

one auto rickshaw came from layout side. The

complainant and Nataraja gave side to auto rickshaw,

but the auto rickshaw did not go forward and stopped

there and three persons got down from the auto

rickshaw

holding

longs

and

suddenly

assaulted

Nataraja on his body. At that time, the complainant also

sustained injuries and one of the assailants had

assaulted the complainant with a long on his right

hand, head and caused bleeding injuries. When the

complainant

escaped

from

them

with

fear,

the

assailants assaulted Nataraja with longs on the head

and other parts of the body. Nataraja died on the spot.

As the auto driver was sitting in the driver seat, the

three assailants escaped from the spot in the said auto.

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The complainant went to Saibaba Hospital, Laggere with

the help of his brother-in-law and took treatment. On

03.03.2015, he lodged complaint against unknown

persons, on the basis of which a case came to be

registered and during the course of investigation, the

present petitioner has been arraigned as accused No.2.

4.

It is the submission of the learned counsel

for the petitioner/accused No.2 that earlier the

petitioner/accused has approached this Court in

Crl.P.No.4941/2017,

this

Court

by

order

dated

13.10.2017 has dismissed the petition but however, an

observation has been made by giving a liberty that the

trial Court to take up the matter on day to day basis

preferably and dispose of the matter as expeditiously as

possible within an outer limit of six months from the

date of receipt of the copy of the said order and liberty

has been granted to the petitioner to move the trial

Court for grant of bail. In light of the said order, the trial

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has not been concluded within the prescribed time as

ordered by this Court, he moved the bail petition before

the trail Court and the said petition has been dismissed

erroneously. It is his further submission that the

prosecution has got examined as many as 15 witnesses.

PW.1-Complainant is the main eyewitness to the