ANURADHA BALIGA Vs. MANGALAPADY NARESH SHENOY

JUDGEMENT

(1.) This petition is filed under Sec. 439(2) of Cr.P.C. praying this Court to cancel the bail granted to accused No. 1 for violating the conditions imposed by this Court in Crl.P. No. 6189/2016 dtd. 15/9/2016 and order to take the accused No. 1 into custody and keep in detention till the conclusion of the trial.

(2.) The main contention of the learned counsel for the petitioner before this Court is that respondent No. 1 was arraigned as accused in Cr. No. 35/2016 for the offence punishable under Sec. 302 of IPC on account of murder of one Vinayaka Baliga. This Court granted bail in favour of respondent No. 1 with conditions vide order dtd. 15/9/2016 and respondent No. 1 has violated condition Nos. (g) and (i) of the said order passed by this Court, which read thus:

(3.) The main contention of the learned counsel for the petitioner before this Court is that the respondent No. 1 has actively participated in all the functions of Shri. Venkataramana Temple, Car Street, Mangaluru and Kashimutt, Mangaluru and in support of his arguments he has produced photographs to show that the first respondent had participated in the activities of the said Shri Venkataramana temple even though there is a direction while granting bail that he should keep himself away from all the activities and affairs of the said temple. The first respondent has taken active part in the Car Festival and connected programmes organized by Shri Venkataramana temple held during the month of February 2017. Inspite of the complaints made by the general public as well as the applicant, no action has been initiated against the first respondent. There are several meeting and temple activities and functions being held at the said temple. Inspite of there being a condition imposed by the Court, by violating the said condition, the first respondent is taking active part by his personal presence and causing commotion and embarrassment to the trustees and devotees of the temple and the persons belonging to Goud Saraswath community and there is every likelihood or chance of tampering of vital documents of the temple.