IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.878/2019 BETWEEN:
Kantharaju @ Kantha, S/o. Late Mahadevaiah S, Aged about 23 years, Centring Work, R/at Basavanna Temple, Maranayakanahalli Palya, Devarayapatna Post, Tumkur, Tumkuru District – 573 122. … Petitioner (By Sri Dharanesh, Advocate) AND:
The State of Karnataka, By Kyathasandra Police Station, Tumkur District – 573 122.
(Through the SPP, High Court of Karnataka, Bengaluru – 560 001). … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.268/2018 of Kyathasandra Police Station, Tumkuru District for the offences p/u/s 302, 201 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.268/2018 with respect to offences punishable under Sections 302 and 201 of IPC.
2. The case of the prosecution is that on 10.12.2018 when the complainant was on night duty as he was in the service of Fire and Emergency Department, at about 11.05 p.m., the information was received regarding leakage of gas around the vicinity of the house. It is stated that the complainant along with other staff left for the said place. At the spot, it was found that the house was locked from outside and there was leakage of cooking gas. After the officials broke open the door and entered the house, they found a partially burnt female body. Accordingly, complaint came to be lodged, FIR registered, investigation was carried out and charge sheet has been filed. The respondent police arrested the petitioner on 12.12.2018 in connection with the commission of crime.
3. The learned counsel for the petitioner submits that there are no witnesses who have seen the commission of offence. The basis of the charge sheet stands on weak grounds and is not supported by any evidence sufficient to prove the commission of offence.
4. Taking note of the facts and the case made out in the charge sheet, it is clear that the case rests on circumstantial evidence. Prima-facie there is no material to directly implicate the petitioner. However, it would be inappropriate to express any opinion with regard to the weight of evidence at this stage. Noting that investigation is complete, charge sheet has been filed and that proof of offence as regards petitioner is a matter for trial and rests on circumstantial evidence, petitioner is entitled to be enlarged on bail subject to conditions. It is noticed that petitioner is in custody since 12.12.2018. The present proceedings cannot be construed to be punitive in nature.
5. The learned Sessions Judge has dismissed the application of the petitioner at the stage when charge sheet was not filed, by relying on the statements of other witnesses recorded under Section 164 Cr.P.C. However, in the light of observations made above, noting that charge sheet has been filed, petitioner is entitled to be enlarged on bail subject to conditions.
6. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C., is allowed and the petitioner is enlarged on bail in Crime No.268/2018 with respect to offences punishable under Sections 302 and 201 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall not enter the house of C.W.2 except with permission from the trial court.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Np/-
Sd/-
JUDGE