IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6007/2019 BETWEEN:
BADESAB @ BASHA S/O HANUMANTHA@GOTTI EERANNA AGED ABOUT 45 YEARS R/AT OPPOSITE TO MARAMMA TEMPLE GUNJIHALLI VILLAGE & POST YERAGERA HOBLI RAICHUR DISTRICT-584132.
(BY SRI. RAJESH RAO K., ADV. FOR SRI,. B.M.C. RAJU, ADV.) AND:
THE STATE BY BANDEPALYA P.S.
REPRESENTED BY THE GOVT. PLEADER HIGH COURT OF KARNATAKA BENGALURU-560 001.
(BY SRI.HONNAPPA, HCGP) …PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.43/2018 OF BANDEPALYA POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 302,201 AND 120-B OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. A charge sheet has been laid against the petitioner for the offence punishable under Sections 302, 201 and 120B of IPC and subsequently, after committal proceedings, sessions case has been registered in S.C.No.941/2018 (C.C.No.11283/2018).
3. The prosecution case which emanate from the charge sheet is that the deceased Nagamma and the petitioner were living in a plastic shed in Sy.No.16/1 belonging to CW-1. it is alleged that both of them were drunkards and everyday they used to consume alcohol. On the alleged date of incident, i.e., on 1.11.2017, when the petitioner went to the house, deceased Nagamma was sleeping, she did not cook food as she was not feeling well. Because of that, the petitioner being enraged started assaulting her and he himself went and brought liquor and both of them consumed and as the food was not cooked on that day, he picked up quarrel and in that context, it is alleged that he assaulted her with his bangle (kada) on head and other parts of the body and due to which, she succumbed to the injuries later. In order to conceal the evidence, he buried the dead body in the said land and went away from the said place. During the excavation of mud in the said land for the purpose of developing the land by CW-1, they found the dead body of deceased Nagamma on 17.2.2018 after long lapse of nearly 4 months from the date of incident. The death of the deceased occurred due to the head injury and that the bangle was recovered from the accused.
4. But the above said facts and circumstances shows that after the petitioner left the place, whether there was any access to anybody and how the death of the deceased occurred. All these things have to be established during the course of the full fledged trial. Considering the long gap between the detection of the dead body and last seen of the accused, in my opinion, the petitioner is entitled to be enlarged on bail till the case against him is proved beyond reasonable doubt. Therefore, under the said facts and circumstances of the case, the petitioner is entitled to be enlarged on bail. Hence, the following:-
O R D E R The petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C.No.941/2018 (C.C.No.11283/2018) on the file of the LXXI Addl. City Civil & Sessions Judge, Bengaluru, for the offences punishable Sections 302, 201 and 120B 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 indulge in tampering 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 DM