IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6641 OF 2019 BETWEEN:
Bharatha @ Juttu Bharath S/o Babu Aged about 25 years R/at No.60 Near Uma Maheshwari Temple Vishveshwara Layout 4th Block, Ullala Upanagara Bengaluru-560 056 (By Sri K.Ram Singh, Advocate) AND:
State of Karnataka by Melukote Police Station Srirangapatna Taluk Represented by its State Public Prosecutor High Court Building Bengaluru – 560 001 (By Sri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 Cr.P.C., praying to enlarge the petitioner on bail in Cr.NO.10/2019 of Melukote Police Station, for the offence punishable under Section 302 and 201 of IPC.
This Criminal 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. The petitioner is arraigned as accused No.4 in the charge sheet filed by the respondent-police in C.C.No.342/2019 on the file of JMFC, Pandavapura, Mandya.
3. The brief facts of the case are that, a lady by name Chandrakala N, has lodged a complaint on 22.02.2019 stating that the dead body of her mother was found in a channel near Kalenahalli village on 24.07.2018. She has stated that her mother was working as a marriage broker. In this context one Mr. Naveen S/o Madegowda came in contact with the mother of the complainant and in fact she selected one Geetha for him and thereafter marriage of said Geetha and Naveen was performed. Said Naveen and his brother found to be rowdy elements and therefore said Geetha and her mother were often abusing the deceased that she selected the said Naveen as the husband of Geetha. In this context there was some rivalry between the family members of Geetha. Therefore, the complainant suspected hands to the members of the family of Geetha, etc. In this background, it is alleged that the accused persons had a conspiracy with each other and took the said lady to Hulikere Channel near Kalenahalli in Mandya District and it is alleged that they have thrown the said lady after committing murder of her into the channel. On the basis of these allegations, the police have investigated the matter and submitted charge sheet. There is a delay of more than 5 months in lodging the complaint, even after the missing of said lady from the house. Further added to that, the prosecution relied upon the statements of some of the witnesses who have actually stated that they have seen the accused persons with that lady on the date of the incident, that was on 23.07.2018 and they also did not inform the same to the police and the dead body was detected. Their statement was recorded on 03.04.2019. Though complaint was lodged on 22.02.2019, but till 03.04.2019, the statements of the witnesses were not recorded. Therefore, the whole gamete of the case that the accused persons actually took her to the particular place and after committing the murder and threw her dead body into the channel has to be established during the course of full dressed trial. The entire case revolves around the circumstantial evidence. At this stage, in my opinion as the charge sheet has been filed, accused No.4/petitioner was already arrested and since the date of arrest he has been in judicial custody. Under the above said facts and circumstances the petitioner/accused No.4 has madeout a case for grant of bail. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner/accused No.4 shall be released on bail in Cr.No.10/2019 of Melukote Police Station (C.C.No.342/2019 pending on the file of Civil Judge (Jr.Dn) and JMFC Court, Pandavapura, Mandya) for the offence punishable under Section 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/-(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 the 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 Kmv/-