IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7035/2019 BETWEEN:
Basavaraja S/o. Thippesh Aged about 22 years Occ: Labourer R/o. 4th Main Near Sapthagiri School Shanthi Nagara Davanagere-577 005. ...Petitioner (By Sri. K.N. Jayaprakash, Advocate) AND:
The State of Karnataka Vidyanagara Police Station Davanagere Reptd. By its S.P.P. High Court Building Bengaluru-560 001. ... Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime.No.13/2019 of Vidyanagara Police Station, Davangere, for the offence punishable under Section 302 of IPC pending in S.C.No.153/2019 on the file of the Prl. District and Sessions Judge, Davangere.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner- accused under Section 439 of Cr.P.C. to enlarge him on bail in Crime.No.13/2019 of Vidyanagara Police Station, Davangere, for the offence punishable under Section 302 of IPC.
2. I have heard the learned counsel for the petitioner-accused and the learned HCGP for respondent-State.
3. The gist of the complaint is that one Sagar, a member of Karnataka State Brastachara Nirmoolana Vedike, filed a complaint alleging that the deceased- Gangama told him that her husband and son used to quarrel with her daily and on 25.12.2018, the complainant heard quarrel in between 10.30 p.m., to 11.00 p.m., on the next day at about 1.30 p.m., he heard about the death of Gangamma. He was having suspicion about the death of Gangamma. Accordingly, UDR case was registered and during the course of investigation, some material was collected against the petitioner-accused and later, he was apprehended.
4. It is the submission of the learned counsel for the petitioner-accused that there are no eyewitnesses to the alleged incident and the entire case rests on circumstantial evidence. Earlier, the petitioner-accused has approached this Court and this Court dismissed the bail application by giving liberty to the petitioner-accused to file a regular bail application after the charge sheet is filed. Now already the charge sheet has been filed before the Court below.
5. It is his further submission that the deceased was addicted to alcohol and due to fall by herself on the ground, she sustained injuries and died. It is his further submission that the petitioner-accused was neither having intention nor motive to commit the alleged offence and the allegations in the charge sheet goes to show that he has not used any weapons and has assaulted only with fist and there is no intention at the time of assault to commit murder by the petitioner- accused. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the petition and release the petitioner-accused on bail.
6. Per contra, the learned HCGP vehemently argued and submitted that the accused-petitioner has assaulted the deceased with fist and the deceased has sustained grievous injuries and died. The said fact is corroborated with the opinion of the doctor wherein the doctor gave his opinion stating that the deceased died due to combined haemorragic shock and cardiorespiratory failure consequent upon blunt abdominal traumatic injuries sustained to head, chest and abdomen.
7. It is his further submission that earlier the petitioner-accused has approached this Court and this Court by considering the material placed on record, has already dismissed the bail application only on the ground that the charge sheet has not been filed. On these grounds, he prays to dismiss the petition.
8. I have carefully and cautiously gone through the contents of the charge sheet material and the submissions made by the learned counsel appearing for the parties. On close reading of the charge sheet material, admittedly, there are no eyewitnesses to the alleged incident and the entire case rests on circumstantial evidence and even the allegations made in the charge sheet clearly goes to show that the deceased was alcoholic and due to the said reason, she might have died due to cardiac arrest. Even the opinion of the doctor which also shows that the deceased is drunken/intoxicated prior to her death and when there are no eye witnesses to the alleged incident and also charge sheet has been filed, the petitioner-accused is not required for the purpose of further investigation or interrogation.
9. Under these circumstances, I feel that by imposing some stringent conditions on the petitioner- accused, if the petitioner-accused is ordered to be released on bail, it is going to meet the ends of justice. In that light, the criminal petition is allowed and the petitioner-accused is ordered to be released on bail in Crime No.13/2019 of Vidyanagara Police Station, Davangere, for the offence punishable under Section 302 of IPC subject to the following conditions:
1. Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall regularly appear before the Court for trial.
5. He shall mark his attendance once in a month i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the trial is concluded.
Sd/- JUDGE SSD