IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7662 OF 2019 BETWEEN:
BHARATHA K.U. @ RAYA, S/O. UDAYAKUMAR K.R. AGED ABOUT 30 YEARS, C/O. SHIVAMURTY, MALLESHWARA BADAVANE, NEAR WATER TANK, IJOOR, RAMANAGARA TOWN, RAMANAGARA-562159.
(BY SRI. C.N.RAJU, ADVOCATE) AND:
STATE BY RAMANAGARA RURAL POLICE, REPRESENTED BY SPP., HIGH COURT OF KARNATAKA AT BENGALURU-560001.
(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.62/2019 OF RAMANAGARA RURAL POLICE STATION, RAMANAGARA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 120-B READ WITH SECTION 34 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, the learned HCGP for the respondent - State and perused the records.
2. The petitioner is arraigned as accused No.2 in Cr.No.62/2019 of Ramanagara Rural Police Station for the offence punishable under section 302 r/w 34 IPC. After investigation, the police laid a charge sheet against the petitioner and another for the above said offence.
3. The brief facts of the case are that the deceased Puttarajaiah and accused No.1 had some financial transactions with each other. In this context, it is alleged that on 15.05.2019, accused No.1 and 3 have conspired with each other and also informed accused No.2 and all accused persons decided to do away with the life of deceased Puttarajaiah. On the same day, at about 8.15 p.m. near Erehalli village at Marigudi, particularly near the land of Hobalaiah, they secured the presence of deceased Puttarajaiah and accused no.1 demanded money, but when Puttarajaiah did not pay any amount, but he raised his voice threatening as to what accused No.1 would do to him, in that context, the accused Nos.1 and 2 have assaulted deceased Puttarajaiah with knives and also assaulted with their hands and legs and threw a stone on the head of the deceased. Said Puttarajaiah succumbed to the injuries later.
4. The entire charge sheet papers discloses that there are no eyewitnesses to the incident. However, a witness by name Appaji has stated about the last seen circumstance. His statement was recorded after two days. He has stated that he saw accused Nos.1 and 2 going on the motorcycle and Puttarajaiah going in another vehicle together near Marigudi temple. He also stated that lot of people use the said road everyday. Therefore, whether the accused persons took Puttarajaiah alongwith them is an important aspect which has to be proved by the prosecution during the course of full-dressed trial.
5. Though learned HCGP submitted that blood- stained clothes of the accused were recovered by the police and FSL report is awaited, but only on the basis of circumstance of recovery, the court cannot decline granting of bail. Recovery of blood stained clothes of accused should connect with blood-stained clothes of the deceased. All other circumstances have to be proved beyond reasonable doubt during the course of full-dressed trial.
6. Accused No.1 has already approached this court in Criminal Petition No.7321/2019 and this Court has granted bail vide order dated 06.11.2019. Petitioner also stands on the same footing as that of accused No.1. Therefore, petitioner is also entitled for bail on the ground of parity.
7. Under the above said facts and circumstances, when the case revolves around circumstantial evidence, petitioner is entitled to be enlarged on bail. Hence the following:-
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.62/2019 (C.C.No.54/2019) of Ramanagara Police Station, Ramanagara, on the file of the Prl. Civil Judge(Sr.Dn.) & CJM Court, Ramanagara District registered for the offence punishable under Sections 302, 120-B r/w 34 of Indian Penal Code, subject to the following conditions:
(i) The petitioner shall execute his 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 with 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 Bss.