IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE Mrs. JUSTICE RATHNAKALA CRIMINAL PETITION No.4533/2017 BETWEEN:
MAHESHA @ NAYIMAHESHA, S/O. CHIKKANAGANAIKA, AGED ABOUT 35 YEARS, NAGARLE VILLAGE, NANJANAGUDU TALUK – 571 129.
(BY SRI SRIDHAR A.G., ADV.) AND:
STATE BY BILIGERE POLICE STATION, NANJANAGUDU CIRCLE, NANJANAGUDU TALUK, MYSURU DISTRICT – 571 129.
REPRESENTED BY PUBLIC PROSECUTOR, ATTACHED TO THIS HON’BLE COURT BENGALURU – 560 001.
(BY SRI S. VISHWAMURTHY, HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.88/2016 (S.C.NO.417/2016) OF BILLIGERE P.S., BADANAVALU, MYSURU DISTRICT FOR THE OFFENCE P/U/S 302, 201, 120(B) R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Sri Sridhar A.G.Sridhar, learned counsel for the petitioner and Sri S.Vishwamurthy, learned HCGP for the respondent/State.
2. The petitioner-accused No.3 along with two others is charge-sheeted with the respondent-Police in respect of the offences punishable under Sections 302, 201, 120(B) R/W 34 OF IPC.
3. The case of the prosecution is, deceased Maliganaika had extra marital relationship with the mother of accused No.1. Despite several advices by accused No.1, the deceased did not give up the relationship. That made accused No.1 to conspire with accused Nos.2 and 3 to finish him off. On 12.06.2016, accused No.1 procured an autorickshaw from his friend, took accused Nos.2 and 3 to the wine shop; The deceased was already present there; he was made to consume the liquor at the cost of accused; They took him in the autorickshaw to a sugar cane farm, again made him to consume some more liquor; While accused Nos.2 and 3 held the hands and legs of the deceased tightly, accused No.1 stabbed him with a knife and accused No.2 kicked on his private part. Thus, the murder was committed and the dead body was disposed of, which was found on 15.06.2016. Accused No.1 was arrested on 27.06.2016 and on his voluntary statement, accused Nos.2 and 3 were also arrested from the village on the same day. At the instance of accused No.1, the weapon/knife and the blood stained clothes worn by the him at the time of the incident are seized under Mahazar. The cashier of the Wine Store-CW22 had last seen the deceased along with accused No.1 and two others. He has identified this petitioner while in police custody. Since the case entirely rests on the circumstantial evidence and the investigation is already complete, there is no impediment to allow the petition. The petition is allowed. The petitioner is enlarged on bail in Crime No.88/2016 of the respondent-Police subject to following conditions:
i. He shall execute a self-bond for a sum of `1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court.
ii. He shall attend the Court on all hearing dates regularly.
iii. He shall not threaten the prosecution witnesses.
Sd/- JUDGE TL CT: PN