IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3252/2019 BETWEEN:
1. Krishna S/o. Papegowda Aged about 33 years R/at: Mallinathapura Village Bilikere Hobli Hunsur Taluk Mysore District – 577 123.
2. Swamy Gowda S/o. Late Halegowda Aged about 55 years Mallinathapura Village Bilikere Hobli Hunsur Taluk Mysore District – 577 123. ... Petitioners (By Sri. B. Lethif, Advocate) AND:
The State of Karnataka By Bilikere Police Station Mysore District Rep. by SPP High Court Building Bengaluru – 560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Code of Criminal Procedure praying to enlarge the petitioners on bail in Cr.No.329/2018 of Bilikere Police Station, Mysuru District for the offences punishable under Sections 302, 201 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in connection with their detention with respect to proceedings in Crime No.329/2018 for the offences punishable under Sections 302, 201, 34 of IPC.
2. The case of the prosecution is that a complaint was filed by the mother of the deceased on 01.09.2018 alleging commission of the aforestated offences. It is stated that the deceased was married about 14 years back with Manjula and had two children from the said wedlock. It is further stated that there was a matrimonial dispute between the deceased and his wife and hence, the deceased was staying separately for about six months prior to the incident. It is stated that subsequently as a consequence of efforts for settlement of the family dispute, the deceased had gone to Bannikoppalu to bring back his wife and had not returned home. It was informed to the complainant that on 01.09.2018 at about 4:00 p.m., one Puttaraju had come to the house and informed the complainant that her son’s dead body was lying near the petrol bunk. On the basis of the said facts, complaint is lodged, FIR is registered and charge sheet has been filed.
3. Learned counsel for the petitioner states that the version of the prosecution itself would indicate that the deceased had triggered the said altercation and that the assault of the deceased was not pre-meditated and took place at the spur of moment. It is further submitted that the statement of CWs.2 and 3 were recorded after delay of considerable delay and the said statements are required to be tested while leading evidence during trial. It is further alleged that the deceased himself was the aggressor.
4. Note is taken of the fact that investigation is complete and charge sheet has been filed and also the version of the prosecution which would indicate that the deceased himself may have triggered the said incident. Noting the submission of learned counsel for the petitioners that the deceased was the aggressor, the question of proof of offence is a matter for trial. Also noting that the statement of CWs.2 and 3 under Section 164 of Cr.P.C have already been recorded, the petitioners could be enlarged on bail by imposing necessary conditions. It is to be observed that present proceedings regarding bail cannot be treated to be punitive in nature. Accordingly, petitioners are entitled to be enlarged on bail.
5. In the result, the bail petition filed by the petitioners under Section 439 of Cr.P.C. is allowed and the petitioners are enlarged on bail in Crime No.329/2018 for the offences punishable under Sections 302, 201, 34 of IPC, subject to the following conditions:
(i) The petitioners shall each execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one solvent surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioners shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioners shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioners, 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.
Sd/- JUDGE RB