IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.5203/2017 BETWEEN:
Mahender Singh S/o Hazari Singh Aged about 29 years R/at No.4, Devaraj Building Near Indian Gas Shanthi Layout Ramamurthynagar Bangalore-560 016.
At present in judicial custody At Parappana Agrahara Central Jail Bengaluru-560 001. ... PETITIONER (By Sri N Devaraj, Adv.) AND:
State of Karnataka by High Grounds Police Station Represented by the State Public Prosecutor High Court of Karnataka Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.154/2016 (S.C.No.104/2017) of High Grounds P.S., Bangalore, for the offences P/U/Ss 302, 201 read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 302, 201 r/w Section 34 of IPC registered in respondent – police station Crime No.154/2016 and now pending in S.C.No.104/2017 on the file of Additional City Civil and Sessions Judge (CCH69) at Bengaluru.
2. The brief facts of the prosecution case as per the complaint averments are, complainant has filed the complaint alleging that on 26.9.2016 he left home at 9.45 a.m. and his father later joined him in his shop around 10.00 a.m. Complainant’s elder daughter Minal is staying in 10th standard at St.Joseph’s School in Coles Park and younger daughter Prachi is studying in 6th standard at Francis X’avier School situated in Coles park. Both of them went to school by 7.30 a.m. On that day, complainant mother Santhoshi Bai and his wife Latha and his infant son Kush were at home. At 12.15 p.m. on 29.6.2016 complainant received a call on his mobile from his neighbour Teja’s phone and he was told that some serious incident has taken place near his house and asked to come immediately. At 12.30 p.m. the complainant came near his house and saw his younger daughter Prachi. Upon enquiry with her, he was told that she came back from school at 11.45 a.m. When she came home the outer door of the house was unlocked and upon entering the house, she saw her mother and grand mother lying in a pool of blood in the hall. She was scared and ran out of house and on seeing the police personnel standing near her house, she informed them as to what she saw in her house. In the meanwhile, the complainant’s father arrived near the house, they both entered the house and saw Santoshibai and Latha lying in a pool of blood and their necks and faces had marks that were caused using a sharp object. Complainant also states that inside his parent’s bedroom he saw two plastic boxes lying on the floor. In between 10.00 a.m. and 11.45 a.m. some persons have entered the house and murdered his mother and wife using a dangerous weapon. On the basis of the said complaint case was registered against unknown persons and during the course of investigation, initially accused No.1 was arrested and on the basis of his voluntary statement, accused No.2, the present petitioner was also arrested.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader appearing for the respondent-State.
4. Learned counsel for the petitioner during the course of his arguments submitted that except the voluntary statement of accused No.1 there is nothing as against the present petitioner. As per the voluntary statement of accused No.1, the entire case is against accused No.1 and the recovery is also effected at his instance and not at the instance of present petitioner. Hence, he has submitted that now the investigation is completed and charge sheet is filed. By imposing reasonable conditions, petitioner may be admitted to regular bail.
5. Per contra, learned High Court Government Pleader during the course of his arguments submitted that as per the CCTV footages it is seen that the petitioner herein was present at the spot with his two wheeler vehicle and he brought accused No.1 to the said place. He has also submitted that the alleged offence is also read with Section 34 of IPC that there is a common intention. Hence, petitioner is not entitled to be granted with bail.
6. I have perused the grounds urged in the bail petition, FIR, complaint and other charge sheet material placed on record.
7. Looking to the entire materials it is seen that as per the voluntary statement of accused No.1 the blood stained clothes and weapon has been seized by the police from accused No.1 in the presence of panch witnesses. But so far as the petitioner is concerned, even though there is voluntary statement, but it is not with regard to discovery of any fact or recovery of incriminating articles. It is no doubt true, as submitted by the learned High Court Government Pleader, as per the CCTV footages the presence of petitioner was seen at the spot. But there is no material collected during investigation to show that the petitioner also entered into the house and actually participated in assaulting the deceased by using deadly weapons. Therefore, only on the basis of CCTV footages, at this stage, it cannot be concluded that petitioner actually participated in committing the murder of the mother and wife of the complainant, it is for the trial Court to ascertain the same.
8. The petitioner has contended in the petition that he is innocent and not committed the alleged offences. There is false implication only on the basis of voluntary statement of accused No.1. He is ready to abide by any conditions to be imposed by this Court. Now the investigation is completed and chargesheet is filed. Hence, by imposing reasonable conditions, petitioner-accused No.2 can be admitted to regular bail.
9. Accordingly, petition is allowed.
Petitioner/accused No.2 is ordered to be released on bail for the offence punishable under Sections 302, 201 r/w Section 34 of IPC registered in respondent – police station Crime No.154/2016, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp