IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8781 OF 2018 C/W CRIMINAL PETITION NO.8782 OF 2018 IN CRL.P.NO.8781/2018:
BETWEEN:
Biresh Singh Mura, S/o Anath Singh Mura, Aged about 22 years, R/at Ranidih Village, Khamar Post, Jhalada P.S., Purulia District, West Bengal-723 101. ...Petitioner (By Sri.Bharathkumar V., Advocate) AND:
State of Karnataka, Through Station House Officer, Bayappanahalli Nagar Police Station, Represented by:
State Public Prosecutor, Hon’ble High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) IN CRL.P.NO.8782/2018 BETWEEN:
Srimanotha Singh Babu @ Suman, S/o. Gorango Singh Babu, Aged about 22 years, R/at Simali Village, Saridi Post, Bagmundi Statiion, Puruliya District, Wets Bengal-723 101. ...Petitioner (By Sri. Bharathkumar V., Advocate) AND:
State of Karnataka, Through Station House Officer, Bayappanahalli Nagar Police Station, Represented by:
State Public Prosecutor, Hon’ble High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) These Criminal Petitions are filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.159/2018 of Bayappanahalli Police Station, Bengaluru, for the offences punishable under Section 302 read with Section 201 of IPC.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R These petitions have been filed by the petitioners- accused Nos.2 and 1 respectively under Section 439 of Cr.P.C. seeking their release on bail in Crime No.159/2018 of Byappanahalli Nagar Police Station for the offences punishable under Sections 302 read with Section 201 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 20.9.2018 at 8.45 a.m., the complainant got information from one Mr. Azad that a dead body was floating at Bio Pack Tank-2 situated at Puravankara Seasons Project. It is stated that, on enquiry, it was found that, from 22.8.2018, one person by name Nithai Chandra Kumar, who was working as an electrician, was missing. It is further stated that the deceased had illicit relationship with the wife of accused No.1 and in that context, in order to eliminate the deceased, accused No.1 secured accused No.2 and thereafter, they committed the alleged offence. On the basis of the said allegations, charge sheet has been filed.
4. It is the submission of learned counsel for petitioners that initially, a case has been registered against unknown persons. Even when the dead body was found, it was also not identified. Subsequently, only after coming to know that the electrician has been missing from the place, they came to the conclusion that the said body was that of Nithai Chandra Kumar. It is his further submission that there are no eye witnesses to the alleged incident and the weapons, which are said to have been used for commission of the offence, have not been recovered. It is further submitted that, already, charge sheet has been filed and the accused are not required for investigation or interrogation. The petitioners-accused Nos.2 and 1 are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, the learned counsel prayed to allow the petitions and to release the petitioners-accused Nos.2 and 1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the deceased had illicit relationship with the wife of accused No.1 and in order to eliminate the deceased, the accused had committed the offence and in order to screen the offence, they tied the dead body and hands with wire by tying to two cement blocks and that, the dead body had been kept in Bio Pack Tank. He further submitted that, by the time, the dead body was traced, it was decomposed. At the instance of the accused persons, investigation officer has seized the iron rod, which is said to have used for the purpose of commission of the offence. He further submitted that petitioners-accused are the residents of West Bengal. If they are enlarged on bail, they may tamper the prosecution witness and they may not be available for trial. On these grounds, he prayed to dismiss the petitions.
6. I have carefully gone through the submissions made by the learned counsel for the parties and also perused the records.
7. Admittedly, there are no eye witnesses to the alleged incident. The charge sheet has already been filed. The entire case rests on the circumstantial evidence. The only circumstance on which the prosecution has relied upon is the call details. Immediately after the incident, accused Nos.2 and 1 were absconding. I feel that when there are no eye witnesses to the alleged incident and when there are no strong circumstances found so as to bring home the guilty of the accused, by imposing some stringent conditions, the petitioners-accused Nos.2 and 1 can be ordered to be released on bail and it would meet the ends of justice.
8. In the light of the above discussion, the petitions are allowed. Petitioners-accused Nos.2 and 1 respectively are enlarged on bail in Crime No.159/2018 of Byappanahalli Nagar Police Station for the offences punishable under Sections 302 read with Section 201 of IPC subject to the following conditions:
1. Petitioners shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) each with two sureties each for the likesum to the satisfaction of the trial Court.
2. They shall not tamper with the prosecution evidence directly or indirectly.
3. They shall be regular in attending the trial.
4. They shall mark their attendance once in 15 days before the jurisdictional police between 10.00 a.m. and 5.00 p.m., till the completion of the trial.
Sd/- JUDGE Cs/- Ct-RG