IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4777/2019 BETWEEN:
1. HANUMANTHA A.R. @ MULLA, S/O LATE RAMAKRISHNA, AGED ABOUT 28 YEARS, R/AT BASWESHWARA TEMPLE ROAD, ALADAHALLI VILLAGE, ARAKERE HOBLI, SRI.RANGAPATANA TALUK, MANDYA DISTRICT – 573 101.
2. MANCHEGOWDA @ KUNDA, S/O LATE JAYARAMA, AGED ABOUT 25 YEARS, R/AT 2ND ROAD, BASVESHWARA TEMPLE, ALADAHALLI VILLAGE, ARAKERE HOBLI, SRI.RANGAPATANA TALUK, MANDYA DISTRICT – 573 101.
3. PRADEEPA @ PRADI, S/O EREGOWDA, AGED ABOUT 32 YEARS, R/AT KEBBEHUNDI BEEDI, YACHENAHALLI VILLAGE & POST, BANNUR HOBLI, T.NARASIPURA TALUK, MYSURU DISTRICT – 576 135.
(BY SRI.R.KALYAN, ADVOCATE) AND:
…PETITIONERS STATE BY THE SRIRANGAPATNA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HON’BLE HIGH COURT OF KARNATAKA, AT BANGALORE – 01.
…RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.38/2019 (C.C.NO.338/2019) OF SRIRANGAPATNA P.S., MANDYA FOR THE OFFENCE P/U/S 302, 201 R/W 34 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 perused the records.
2. The police have laid charge sheet against the petitioners who are arraigned as accused Nos.1 to 3 in C.C.No.338/2019 on the file of the Additional Civil Judge(Jr.Dn.) & JMFC Court, S.R. Patna, Mandya, for offences punishable under Sections 302, 201 read with Section 34 of IPC.
3. The brief facts of the case are that:
The petitioners as well as deceased Dilip are friends. It is alleged that the deceased Dilip was having some illicit intimacy with the sister of accused No.1. In that context, there was some differences between the deceased Dilip as well accused No.1. Accused No.2 was also not in good terms with the deceased. Therefore, it is alleged that accused Nos.1 and 2 joined together and it is alleged that about two months prior to 19.2.2019 there was galata between accused Nos.1 and 2 as well as the deceased. In this context, it is alleged that on 19.2.2019 the accused Nos.1 to 3 went to a Bar called “Sowmya Bar and Restaurant” situated at Yeliyur Circle in Srirangapatna and purchased alcohol, took the deceased along with them on their motor cycle to the place of incident; made the deceased to consume alcohol and afterwards accused Nos.1 to 3 committed the murder of the deceased by putting size stone on the head of the deceased one after the other and thereafter in order to destroy the evidence against them they have thrown the size stone, empty drink bottles and dead body into the water and went away from the spot. On these allegations, the police have investigated the matter and submitted charge sheet.
4. On careful perusal of the entire charge sheet papers, of course there are recoveries at the instance of the accused i.e. the motor cycle and identification of the place of incident, place where actually the size stone and liquor bottles and dead body were thrown into water. Except that there are no other circumstances available to show that on 19.2.2019 accused Nos. 1 and 2 were seen with the deceased. However, as could be seen from the materials, one Jagadisha- C.W.30 has spoken to about the presence of petitioner No.3 herein along with deceased at about 8.00 p.m. on 19.2.2019. Both of them had been to wine shop of the said witness who was working as a labourer and took some wine and went away. This fact is supported by the CCTV footage collected by the Investigating Officer. Looking to the above said circumstances, there is some evidence against the petitioner No.3 i.e. the deceased and accused No.3 having last seen together. Even the last seen theory is to be proved beyond all reasonable doubt and it should be corroborated by other circumstances in order to establish the case against the accused persons. When the entire case is surrounded by circumstantial evidence and the only strong circumstance available is the last seen theory, the same has to be proved during investigation beyond all reasonable doubt with other connected circumstances which are sufficient to bring home the guilt of the accused.
5. The charge sheet has already been filed and accused persons have already been arrested and no further investigation is required. The accused are in judicial custody since from the date of their arrest. In my opinion, the petitioners are entitled to be enlarged on bail.
6. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.38/2019 of Srirangapatna Police Station for the offence punishable under Sections 302, 201 read with Section 34 of IPC., subject to the following conditions:
(i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each (Rupees One Lakh) only with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
Sd/- JUDGE *alb/-.