IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.560/2019 C/W CRIMINAL PETITION NO.576/2019 IN CRIMINAL PETITION NO.560/2019: BETWEEN:
GOVARDHAN SINGH, S/O.RAMSINGH, AGED ABOUT 22 YEARS, RESIDENT OF:
SASIVEHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT - 577 224. ... PETITIONER (BY SRI.GOPAL SINGH, ADV.,) AND:
THE STATE OF KARNATAKA BY HOLALKERE POLICE STATION, HOLALKERE - 577 526, CHITRADURGA DISTRICT, REPRESENTED BY, SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU- 560 001. ... RESPONDENT (BY SRI.M.DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.296/2018 OF HOLALKERE POLICE STATION, CHITRADURGA FOR THE OFFENCE P/U/S 302 R/W SEC.34 OF IPC.
IN CRIMINAL PETITION NO.576/2019 BETWEEN:
1. MOOL SINGH, S/O.RAMSINGH, AGED ABOUT 28 YEARS, RESIDENT OF RAMGIRI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT, PIN:577 539.
2. SHER SINGH, S/O. RAMSINGH, AGED ABOUT 26 YEARS, RESIDENT OF RAMGIRI VILLAGE, HOLAKERE TALUK, CHITRADURGA DISTRICT, PIN-577 539. ... PETITIONERS (BY SRI.GOPAL SINGH, ADV.,) AND:
THE STATE OF KARNATAKA, BY HOLALKERE POLICE STATION, HOLALKERE-577 526, CHITRADURGA DISTRICT, REPRESENTED BY, SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. ... RESPONDENT (BY SRI.M.DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.296/2018 OF HOLALKERE P.S., CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S 302 R/W SEC.34 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The Criminal Petition No.560/2019 has been filed by the petitioner/accused No.6 and the Criminal Petition No.576/2019 has been filed by the petitioners/accused Nos.4 and 5 under Section 439 of Cr.P.C. praying this Court to release them on bail in Crime No.296/2018 of Holalkere Police Station for the offence punishable under Section 302 read with Section 34 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 the complainant was running a cloth shop in the ground floor belonging to the deceased and the deceased used to reside in the first floor of the same building. It is further alleged that the complainant was acting as informant and approached before the Holalkere Police Station stating that on 28.11.2018 at about 9.30 p.m., when the deceased was inside the house, three accused persons entered into the premise and there was a quarrel between the deceased and three accused persons. When the three accused persons returned from the spot, they were in fear mood and were abusing in filthy language. Thereafter, one of the accused left the place in a motor bike and other two accused persons proceeded towards Thalikatte Road, Holalkere Taluk.
On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioners that there are no eye-witnesses to the alleged incident and earlier, the compliant was registered against unknown persons. It is further submitted that as per the contents of the compliant and the statement of the complainant, only three persons have entered into the house and accused Nos.4 to 6 were not present as on the date of alleged incident. The only allegation which has been made against the petitioners/accused Nos.4 to 6 that they have conspired with the remaining accused persons and because of the same, they have been inculcated in the said case. It is further submitted that the petitioner is the brother of accused No.1 as such, they have been implicated in the said case. Further it is submitted that accused Nos.4 to 6 have been apprehended. On the basis of the voluntary statement, police have recorded the act of remaining accused persons. It is further submitted that the charge sheet has been filed. As the deceased was doing money lending business, he was having so many enemies any one can cause the death of the deceased, this aspect has not been considered by the trail Court. It is further submitted that there are no specific overt- acts alleged against the petitioners/accused Nos.4 to 6. Further it is submitted that they are ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petitions and to release the petitioners/accused Nos.4 to 6 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused Nos.4 to 6 along with accused Nos.1 to 3 have conspired with an intention to eliminate the deceased as he is asking accused No.1 to vacate. In that light, they have committed a serious offence of taking away the life of the deceased. There are strong circumstances to connect the accused to the alleged crime. It is further submitted that accused Nos.1 to 3 are still absconding and were not available for the purpose of investigation or interrogation. If the accused petitioners are enlarged on bail, they may also abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the charge sheet which was also made available during the course of arguments.
7. On close scrutiny of all the documents, the allegations which has been made as against accused persons is accused Nos.1 to 3. They have entered the premises and have dealt with the deceased and have cut the throat of the deceased with the help of sharp cutting knife. All the allegations are made against the petitioners/accused Nos.1 to 3, there are no specific overt-acts alleged as against the petitioners/accused Nos.4 to 6. The only allegation which has been made is that they conspired with other accused persons. That too, when no serious allegations have been made, under the said facts and circumstances, I feel that the petitioners/accused Nos.4 to 6 are made out a case to release them on bail.
8. Under the said facts and circumstances, petitions are allowed and the petitioners/accused Nos.4 to 6 are enlarged on bail in Crime No.296/2018 of Holalkere Police Station for the offence punishable under Section 302 read with Section 34 of IPC subject to the following conditions:
1. Petitioners/accused Nos.4 to 6 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 leave the jurisdiction of the Court without prior permission.
3. They shall not tamper with the prosecution evidence directly or indirectly.
4. They shall mark their 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 VBS