IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2147 OF 2019 BETWEEN:
Arjuna @ Gida, Aged about 27 years, S/o.Late.Channagiri, R/at No.114, Near Dattathreya Temple, 2nd Cross, 6th Main, Thyagarajnagar, Bengaluru-560 070. …Petitioner (By Sri.Veeranna.G.Tigadi, Advocate) AND:
State by Subramanyapura P.S., Represented by Sri Special Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.311/2018 of Subramanyapura Police Station, Bengaluru City for the offence punishable under Sections 302, 201 read with Section 34 of IPC and Section 25(1b)(b), 27 of ARMS Act 1959.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.311/2018 for the offences punishable under Sections 302, 201 read with Section 34 of IPC and Sections 25(1b) (b) and 27 of Arms Act, 1959.
2. The case of the prosecution is that wife of the deceased had filed the complaint on 28.09.2018 stating that her husband had left home on 27.09.2018 at about 1.00 p.m., and had not returned back. It is further stated that dead body of the deceased was found at about 8.30 a.m., on 28.09.2018 which was lying laying near a vacant site. Accordingly, complaint was filed against unknown persons. FIR was registered and investigation is completed and charge sheet has been filed.
3. The learned counsel for the petitioner states that the imputation of overt acts as made in the charge sheet has no basis. It is submitted by reliance on the statement of CW-2 and CW-3, case is sought to be made out against petitioner. The learned counsel draws attention to statement of CW-2 and CW-3 and states that nothing is forthcoming as regards to the overt acts imputed as against the petitioner as made out in the charge sheet. It is submitted that proof of offence is a matter for trial and petitioner has been in custody since 06.10.2018 and accordingly, petitioner is entitled to be enlarged on bail.
4. On bare perusal of the statement of CW-2 and CW-3 prima-facie indicates that overt acts as made out in the charge sheet does not find any support from the statement of CW-2 and CW-3. However, it would be not appropriate at this stage to record any conclusive findings as regards to the weight of evidence in the form of statement of CW-2 and CW-3. Suffice it to state that for the purpose of present proceedings note could be taken as statement of CW-2 and CW-3. There is no other evidence forthcoming regarding the imputation as made in the charge sheet as regards the petitioner. The proof of offence being a matter for trial and taking note of the fact that the petitioner is in custody since 06.10.2018, case is made out for enlarging the petitioner on bail.
5. Accordingly, petitioner is entitled to be enlarged on bail in Crime No. 311/2018 for the offences punishable under Sections 302, 201 read with Section 34 of IPC and Section 25(1b) (b) and 27 of Arms Act, 1959, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall mark his attendance once in a month before the concerned SHO till completion of trial.
(iii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iv) The petitioner shall not tamper with evidence, influence in any way any witness.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) The petitioner shall not indulge in any criminal activities of like nature.
(vii) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS