IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 6779 OF 2019 BETWEEN:
MANOHAR PREM CHAND VERMA, S/O. PREM CHAND VERMA, AGED ABOUT 33 YEARS, R/AT NO.KORIYA VILLAGE, LAL GANCHU POLICE STATION, BASTI DISTRICT, UTTARAPRADESH-620001.
(BY SRI. RAJASHEKARA R.V., ADVOCATE) AND:
STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER, MAHALAKSHMI LAYOUT POLICE BENGALURU CITY-560086.
REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUIDLING, BENGALURU-560001.
(BY SRI. ROHITH B.J., HCGP) ..PETITIONER ..RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.103/2019 OF MAHALAKSHMIPURAM POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302 & 201 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. The petitioner is the sole accused in C.C.No.16694/2019 (Crime No.103/2019 of Mahalakshmipuram Police Station, Bengaluru) for the offence punishable under sections 302 and 201 of IPC., which is now pending on the file of VII Additional Chief Metropolitan Magistrate Court, Bengaluru. Investigation is completed and charge sheet has already been filed.
3. As could be seen from the charge sheet papers, the allegations are that the accused and the deceased by name Ramesh were working as Painters. They were residing along with others (CW.15 and CW.16) in 17th Main Road, Near Mount Clair Public School, Kempegowda Layout, Laggere. On 15.01.2019, it is alleged that when witnesses CW.15 and CW.16 were away from the house, the deceased Ramesh had consumed alcohol and started quarrelling with the accused and he abused him and also his mother etc. In this context, it is alleged that accused has assaulted on the chest and side of the stomach of the deceased with a bottle due to which he succumbed to those injuries in the house itself. The said dead body was detected which was in a decomposed condition on 17.01.2019 and the Police on the basis of such information with regard to the dead body in the said house, investigated the matter and found that the petitioner has attacked the deceased with a bottle and caused the death of the deceased and as such, Police lodged a charge sheet.
4. On careful perusal of the entire materials on record, except the voluntary statement of the accused, no other substantial materials are available. Though the prosecution has styled CWs.13 to 16 as eyewitnesses, but they are not actually eyewitnesses. They only spoke about those persons residing in the above said address and they have stated that they came to know as to how the incident happened from the police. There is no recovery as such from the accused. Therefore, in the above said facts and circumstances, in my opinion, the petitioner is entitled to be enlarged on bail, as entire case is surrounded by circumstantial evidence. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioner (A1) shall be released on bail in connection with C.C.No.16694/2019 arising out of Crime No.103/2019 of Mahalakshmipuram Police Station, Bengaluru, for the alleged offences, now pending on the file of VII Additional Chief Metropolitan Magistrate Court, Bengaluru, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the 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.
Sd/- JUDGE Bss.