IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7724/2019 BETWEEN DHARMARAJ @ DHARMA S/O LATE DEVARAJ AGED ABOUT 19 YEARS R/AT, SEETHAPURA KAVALU GATE DUGLAPURA, TARIKERE TALUK CHIKKAMANGALURU DISTRICT – 577 101 (BY SRI. PRATHEEP K.C, ADVOCATE) AND THE STATE OF KARNATAKA REP. BY TARIKERE POLICE CHIKKAMANGALURU DISTRICT REP. BY THE STATE PUBLIC PROSECUTOR ... PETITIONER HIGH COURT BUILDING, BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.241/2018 OF TARIKERE TOWN POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/S.302, 201, 396, 120-B, 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. Petitioner is arraigned as Accused No.1 in the charge sheet, filed in SC No.8/2019 (Crime No.241/2018 of Tarikere Town Police Station, Chikkamagaluru District) for the offences punishable under Sections 302, 201, 396, 120(B), 149 of IPC.
3. The gist of the complaint is that, the deceased –Smt. Shantha, about 50 years, was residing alone in Seethapura Kavalu Village and was running a small provision store. After death of her husband, she used to keep money and gold ornaments in her provision store. It is stated that, apart from the provision store, she was also running chit fund money lending business. She was having sufficient money and ornaments. It is further alleged that, on 18.08.2018 at about 7.00 a.m., Accused 1 to 5 knocked the door of her house and when she enquired, they introduced themselves that they are coconut growers and they want to sell coconuts. By believing the words of Accused Nos.1 to 5, she opened the door. Then the accused persons kept coconut bags brought by them near the passage. She agreed to purchase the coconuts and to pay the sale price of coconut. When she was going towards her shop to bring money, at that time, Accused No.1 followed her and shut her mouth with his hand. Accused Nos.2 to 5 held her hand and one of the accused assaulted on her ear with piece of asbestos sheet and another accused took the grinding stone and hit on the head of the deceased, as a result of which, she sustained grievous injuries and succumbed to the injuries. On the basis of the said allegations, a complaint came to be registered before the respondent-police. In turn, the police have registered a case and investigated the matter.
4. Learned counsel for the petitioner submits that, in this case, there are no eyewitnesses to the incident and further the entire case revolves around the recovery of some cash and also ankle chain. He further submitted that, similar allegations have been made against this petitioner (A1) and Accused Nos. 2, 4 & 6.
This Court, in Crl.P. Nos.3532/2019 and 1083/2019 has released Accused Nos. 2, 4 & 6 on bail. This petitioner also stands on the same footing as that of Accused Nos. 2, 4 & 6. Therefore, this petitioner (A1) is also to be released on bail on the ground of parity.
5. On perusal of the entire records, it is seen that the entire case revolves around the circumstantial evidence and recovery of some cash and ankle chain. Since there are no eyewitnesses to the incident, the recovery has to be proved beyond reasonable doubt during the course of full-dressed trial. It is also stated that Accused Nos.2, 4 and 6, who stand on the same footing as that of this petitioner, have already been released on bail by this Court. Therefore, in my opinion, this petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The petition is allowed. The petitioner (A1)- Dharmaraj @ Dharma is ordered to be released on bail in SC No.8/2019 (Crime No.241/2018 of Tarikere Town Police Station, Chikkamagaluru) for the aforesaid offences, now pending before the Court of II Additional District and Sessions Judge at Chikkamagaluru, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the trial Court.
ii) The petitioner shall not tamper with the prosecution evidence directly or indirectly.
iii) The petitioner shall mark his attendance in the jurisdictional police station once in 15 days between 10.00 A.M. and 5.00 P.M., till the trial is concluded.
iv) The petitioner shall not leave the jurisdiction of the Court without prior permission.
v) The petitioner shall not indulge in similar type of criminal activities.
Sd/-
JUDGE KGR*