Allowed

Ben Johnson v. State of Karnataka

Karnataka HC13 Dec 2021CRL.P/9235/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka entertained a bail petition under Section 439 Cr.P.C. filed by accused No.19 in a case involving murder and assault. Finding the investigation pending and the arrest based on co-accused statement, the court released the petitioner on bail subject to conditions including personal bond, non-tampering with witnesses, and regular attendance.

What did the court decide?

Petitioner released on bail with personal bond of Rs.1,00,000 and two sureties, subject to conditions including non-tampering with witnesses and weekly police station appearance.

Ben Johnson Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF DECEMBER, 2021

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BEFORE:

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THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO.9235 OF 2021

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BETWEEN

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BEN JOHNSON, S/O LATE YESUPADHAM, AGED ABOUT 26 YEARS, R/AT ROSE OF SHARON, BHARATH NAGAR, NEAR JAIN SCHOOL, BEML NAGAR POST, KGF-563115. ... PETITIONER

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[BY SMT. TARJANI DESAI, ADVOCATE FOR SRI. S.BALAKRISHNAN, ADVOCATE]

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AND

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STATE OF KARNATAKA BY ROBERTSONPET P.S REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560001.

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...RESPONDENT

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[BY SRI. SHANKAR H.S., HCGP]

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.90/2021 OF ROBERTSONPET POLICE STATION, K.G.F FOR THE OFFENCE PUNISHABLE UNDER SECTION 143, 144, 147, 148, 341, 307, 302, 212 R/W 149 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS, THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed by accused No.19, under Section 439 of Cr.P.C. seeking to enlarge him on bail in Crime No.90/2021 of Robertsonpet Police Station, K.G.F., registered for offences punishable under Sections 143, 144, 147, 148, 341, 307, 302 & 212 read with 149 of Indian Penal Code (for short IPC).

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Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State and perused the materials on record.

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The complaint came to be lodged by one Saravana before the respondent police, in connection with an incident which took place on 23.10.2021 at about 10.40 to 11.00 p.m., on the basis of which the aforesaid crime was registered against accused Nos.1 to 9 and others.

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It is alleged that the accused named in the First Information Report and other accused persons assaulted the complainant and others with deadly weapons, on account of which the complainant as well as one Ajay and Sunil Kumar sustained injuries and Kumar alias Rajkumar died on the spot.

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It is the contention of the learned counsel for the petitioner that the petitioner is innocent and he has not committed any offence. He has been implicated on the basis of the statement of the co-accused, falsely alleging that he has harboured the accused persons after the offence was committed. The learned counsel further contends that there is no connection whatsoever between the petitioner and the other accused persons, whose names are found in the FIR. She submits that there are no criminal antecedents against the petitioner and he hails from a respectable family and is ready to abide by any conditions that may be imposed by the Court.

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Learned High Court Government Pleader has

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opposed the petition contending that the investigation is still pending and at this stage if the petitioner is enlarged on bail, he may tamper the prosecution witnesses. Accordingly, sought to reject the petition.

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The petitioner is arrested on 02.11.2021. From the material on record it appears that his arrest was made on the basis of the statement of co-accused arrested in the case

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on 28.10.2021 and 29.10.2021. It is alleged that after the incident of assault and murder, the petitioner helped some of the accused by taking them in his car bearing reg. No.AP16/CC-2119. The said car has been seized under a mahazar.

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It is not the case of prosecution that the petitioner was either present near the place of incident or he has assaulted the injured or the deceased. The petitioner has been arrested and interrogated. His further detention in judicial custody may not be necessary. He has undertaken to abide by conditions and also to appear regularly before the trial Court. Hence by imposing necessary conditions, relief sought by the petitioner can be granted. Accordingly, the following,

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ORDER

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The petition is allowed .

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The petitioner/accused No.19 shall be released on bail in Crime No.90/2021 of Robertson Police Station, K.G.F, subject to following conditions:

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i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for like-sum, out of which one surety shall be a local surety, to the satisfaction of the jurisdictional Court.

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ii) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly.

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iii) Petitioner shall furnish proof of his residential address and shall inform the Investigating Officer/Court, in case of change in the address.

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iv) Petitioner shall mark his attendance at the concerned Police Station once in a week preferably on Saturday between 10.00 a.m., and 5.00 p.m., till filing of the charge sheet.

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v) Petitioner shall appear before the trial Court on all dates of hearing.

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vi) Petitioner shall not involve in any criminal activities.

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GVP

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Sd/JUDGE

Ben Johnson v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ben Johnson v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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