IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7491/2019 BETWEEN:
Guru @ Srikantha, S/o Anandamurthy A.M., Aged about 33 years, R/at Arakere Village & Hobli, Srirangapatna Taluk – 571438, Mandy District.
(By Sri.H.Pavana chandra Shetty, Advocate) AND:
State of Karnataka by Arakere Police Station, Represented by High Court SPP, Bengaluru – 560 001.
(By Sri.Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.78/2019 of Arakere Police Station, Mandya for the offence punishable under Sections 120-B, 302, 201 read with Section 34 of IPC and etc.
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.3 in Crime No.78/2019 of Arakere Police Station on the file of the Principal Civil Judge and JMFC, Srirangapatna, Mandya District.
3. The brief allegations made against the accused persons as could be seen from the charge sheet is that the deceased A.J.Sathisha is none other than the husband of accused No.2 – Kavya. It is alleged that accused No.1 has developed some illicit intimacy with accused No.2. It has come to the knowledge of the deceased A.J.Sathisha. Therefore, he quarreled with accused Nos.1 and 2 and it is alleged that the deceased was often assaulting his wife and abusing her for that reason. Therefore, accused Nos.1 to 4 have hatched conspiracy to do away with the life of the deceased A.J.Sathisha. In this context, it is alleged that on 22.05.2019, the accused persons have actually called deceased for the purpose of consuming alcohol. Accused No.3 - the present petitioner has caught hold the legs of the deceased and accused No.1 – Manjunatha has strangulated his neck and thereafter, they took the dead body to tank bund and buried the same underneath the earth.
4. The entire case is surrounded by circumstantial evidence. Of course, accused No.2 – Kavya and accused No.4 – Srikantha were released on bail by the Sessions Court as there were no sufficient materials against them as they only instigated or hatched conspiracy with accused Nos.1 and 3. It is the main allegation against accused Nos.1 and 3 that the accused No.1 has strangulated the neck of the deceased and accused No.3 has caught hold the legs of the deceased. Thereafter, both of them buried the body in a particular place. There are materials placed before the Court to show that these accused and deceased last seen together on motorcycle on 22.05.2019 and further, the dead body was recovered at the instance of accused Nos.1 and 3. The mahazar discloses that dead body was buried about 4 feet underneath the earth. It was not exclusively known to anybody except these accused Nos.1 and 3. They took the police and panch witnesses to the place from where the dead body was actually recovered. The circumstances, at this stage is available against accused Nos.1 and 3 are concerned and under the above said circumstances, I am of the opinion that the petitioner has not made out any strong grounds for release on bail. Hence, the petition is liable to be dismissed.
Accordingly, the petition is dismissed.
In any changed circumstance, the petitioner is at liberty to move before the trial Court for grant of bail.
Sd/- JUDGE NBM