IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE K. NATARAJAN CRIMINAL PETITION NO.9315 OF 2018 BETWEEN:
K.C. Govind @ Anna, S/o. Chikkatimmappa, Aged about 30 years, R/o. Boregowda Building, 1st Cross, 1st Street, Near Lullus Bakery, Manjunath Layout, Devasandra Main Road, Iyappanagar, K.R.Pura, Bengaluru.
Permanent R/o. Kirumunde Village, Bangarpet Taluk, Kolar District ...Petitioner (By Sri. Veeranna G. Tigadi, Advocate) AND:
State of Karnataka Rep. by Inspector of Police, K.R. Pura Police Station, Bengaluru Rep by State Public Prosecutor, Hon’ble High Court of Karnataka, Bengaluru – 560 001. ...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 Crime No.484/2018 (C.C.No.59104/2018) of K.R.Puram Police Station, Bangalore city for the offences punishable under Sections 302 and 506 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. for grant of bail for the alleged offences punishable under Sections 302 and 506 of IPC in C.C.No.59014/2018 on the file of X Additional Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru.
2. The allegation made against the petitioner is that on 10.09.2018 at about 8-00 p.m., accused committed the murder of deceased Laxmi in her house by throttling and also causing head injuries. Thereafter, he locked the house and took the children of the deceased and left them near the Ganesha statue and went away. Thereafter, the children found that their mother was dead in the house. The complaint came to be lodged against the petitioner and subsequently he was arrested on 15.09.2018. After his arrest, investigation was conducted by the Police and charge sheet was filed against the petitioner-accused.
3. Learned counsel for the petitioner contended that there is no eye witnesses to the alleged incident. Even the statements of children was also not recorded by the Police. The postmortem report also does not speak about any external injury on the neck of the deceased. Hence, he prays for grant of bail.
4. Per contra, learned High Court Government Pleader appearing for the respondent-State has contended that the statements of the children were recorded before the Magistrate under Section 164 of Cr.P.C, which clearly goes to show that the petitioner-
accused went inside the room and bolted the door. After sometime, he came out of the house and took them near Ganesha Statue and left them and went away. Thereafter, the children came back to home and saw their mother was found dead in the house, which shows the accused committed the offence. Hence, he prays for dismissing the bail petition.
5. Having heard both the sides and on perusal of charge sheet materials, there is no eyewitnesses statement recorded by the Investigation Officer during the investigation except the circumstantial evidence against the petitioner. Though the statements of children were recorded by the Magistrate under Section 164 of Cr.P.C, the children are not directly implicate the petitioner, nor they have witnessed any incident of murder. Therefore, without expressing any opinion on merits, it is a fit case for exercising the discretionary power under Section 439 of Cr.P.C. by imposing certain stringent conditions Hence, I pass the following order:
(i) The petition filed under Section 439 of Cr.P.C. is allowed.
(ii) The petitioner is order to be enlarged on bail in Crime No.484/2018 registered by K.R.Puram Police Station for the offences punishable under Sections 302 and 506 of IPC, by executing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the trial Court.
(iii) The petitioner strictly shall not indulge in any similar offences.
(iv) The petitioner shall not leave the jurisdiction of the Court without prior permission of the trial court.
(v) The petitioner shall appear before the investigating officer and shall mark his attendance once in 15 days on every 2nd and 16th of the calendar month between 10.00 a.m. to 5.00 p.m. till the completion of the trial before the Session Court.
Sd/- JUDGE KTY