IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.6090/2019 BETWEEN :
ARUMUGAM S/O LATE PERUMAL AGED ABOUT 36 YEARS R/O AT No.17/2 SWASTHI ROAD CROSS BHIMANNA GARDEN SHANTHI NAGAR BENGALURU-560027. … PETITIONER (BY SRI CHANDRAHASA RAI B, Adv.) AND :
THE STATE OF KARNATAKA BY ASHOK NAGAR POLICE STATION REPT BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. … RESPONDENT (BY SRI ROHITH B.J., HCGP) ---
This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No. 360/2018 (Spl.C.C.No.450/2019) of Ashoknagar P.S. Bengaluru City for the offence P/U/S 364, 302, 201 of IPC and etc.
This Criminal Petition coming on for Orders this day, the Court passed the following;
O R D E R Heard the learned counsel for petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
2. The petitioner is the sole accused in Crime No.360/2018, against whom chargesheet was filed in C.C. No. 50399/2019 on the file of 43rd Additional CMM Court, Mayo Hall, Bengaluru. Later Special C.C. No. 450/2019 was registered on the file of L Additional City Civil and Sessions Judge, Bangalore.
3. The allegations are that the accused had kidnapped a boy, son of Smt. Abirami on 30.09.2018 and killed the said boy by drowning him into water drum due to some previous hatredness and ill-will between the accused, Smt. Chitra and C.W. 17 – Manipal. Thereafter, he shifted the dead body to Bilekalli Village and threw the dead body to the Rajakaluve near Bilekalli Village.
4. The entire case revolves around the circumstantial evidence. The police have collected CC TV footages to show transporting of the dead body on a scooter. The accused has shown the place where the dead body was thrown in to the Rajakaluve and at the said spot the police have found one waist-thread and finger ring of the said child. On the basis of these circumstances the prosecution wants to establish the case against the accused.
5. Learned High Court Government Pleader after going through the CC TV footages submits before the Court that it is a gunny bag which was transported by the accused. What was contained in the gunny bag, whether it has contained the dead body of the child or not has to be established during the course of full dressed trial. Even recovery of a finger ring and waist- thread is not at the instance of the accused but it was from the alleged spot where the dead body of the child was disposed of by the accused. Added to that the corpus of the child has not been detected in this case. The above said circumstances have to be proved beyond reasonable doubt during the course of full dressed trial. At this stage, in my opinion, the petitioner is entitled to be enlarged on bail.
6. The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 360/2018 of Ashok Nagar Police Station registered against him for the offence punishable under Sections 364, 302 and 201 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with Two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE.
LRS/MS.