IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 4282 OF 2019 BETWEEN:
SHRI MALATHESHA S/O GUDDAPPA AGE: 36 YEARS OCC: AGRICULTURE R/O KANIVEMANE TAL: SHIKARIPURA DIST: SHIVAMOGGA-577427.
... PETITIONER (BY SRI SANDESH P NADIGER, ADVOCATE) AND STATE OF KARNATAKA THROUGH SUB-INSPECTOR OF POLICE SHIKARIPURA TOWN POLICE STATION REPRESENTED BY S.P.P HIGH COURT, BENGALURU BENGALURU – 560 001.
... RESPONDENT (BY SRI K. P. YOGANNA, HCGP FOR RESPONDENT/STATE) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.164/2018 (CRL. MISC. 213/2019) OF SHIKARIPURA TOWN POLICE STATION, SHIVAMOGGA FOR THE OFFENCE P/U/S 120-B, 364A, 302, 201, 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State. Perused the records.
2. Petitioner is arraigned as accused No.2.
Respondent police have filed charge sheet against the petitioner for the offences punishable under Sections 120-B, 364A, 302, 201 read with Section 34 of IPC.
3. The brief allegations made against the petitioner is that on 18.08.2018 in the evening at 7.30 p.m. accused Nos.1 and 2 had met deceased Devarajaiah in Ward No.131 of the Government hospital at Shikaripura and demanded for his ATM card. The said Devarajaiah did not give the ATM card. Therefore, both the accused persons assaulted him, due to which the said Devarajaiah lost his conscious and Accused No.1 actually took the ATM card and both of them went in a motor cycle along with said Devarajaiah to Ambargoppa- Guddadatumminakatte and other places and came to Kaginnalli village to a forest area. Further, it is alleged that the accused persons had dropped a stone on the head of Devarajaiah and committed murder and thereafter, Accused No.1 withdrew an amount of Rs.40,000/- in the Canara Bank ATM at Hirekerur and they purchased a car bearing Regn.No.KA-17-M-0740. When they were in Hubli, they were caught by the police.
4. The police have mainly relied upon the circumstantial evidence in this case. There is no evidence to show that the accused persons and deceased were last seen together. Only on the basis of recovery of amount and at the instance of accused No.1 the entire case has been built against Accused Nos.1 and 2. It is the voluntary statement of Accused No.1 in which Accused No.2 was also implicated. There is absolutely no recovery at the instance of Accused No.2. Therefore, the relationship of Accused Nos.1 and 2 and the participation of Accused No.2 in the crime has to be proved during the course of full fledged trial. The entire allegations are against Accused No.1 who has snatched the ATM card, withdrawn the amount from the ATM and the ATM card was recovered at his instance. The case is based on circumstantial evidence and the statement of Accused No.1. Insofar as the petitioner herein Accused No.2 is concerned, I am of the opinion, the petitioner is entitled to be enlarged on bail, as the facts are distinct when compared to Accused No.1. Hence, the following:
ORDER The petition is allowed. Consequently, petitioner/Accused No.2 shall be released on bail in connection with Crime No.164/2018 of Shikaripura Town Police, registered for the offences punishable under Sections 120B, 364A, 302, 201 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute 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 jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
DKB Sd/- JUDGE