IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1956/2019 Between:
1. Md. Ejaz Sharif S/o. Md. Khalifulla, Aged about 25 years, R/o. Gandhi Nagar, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru 560 061.
Permanent resident at Jabbatola Village, Pardiyara Post, Katiyar District, Bihar 851 215.
2. Md. Pyaru S/o. Syed Pyaru, Aged about 38 years, R/o. Gandhi Nagar, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru 560 061.
… Petitioners (By Sri. Bharat Kumar V., Advocate) And:
State of Karnataka Through Station House Officer, Kaggalipura Police Station, Bengaluru Rural District, Represented by State Public Prosecutor, Hon’ble High Court of Karnataka, Bengaluru 560 001.
(By Sri. S. Rachaiah, HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioners / accused Nos. 1 and 2 herein on bail in FIR No.14/2019 registered with respondent – Kaggalipura Police Station and pending on the file of the Hon’ble II Additional Chief Judicial Metropolitan Magistrate Court, Bengaluru Rural District for alleged offences under Sections 302, 201, 120B, 379, 411 of IPC.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioners are seeking to be enlarged on bail in connection with their detention pursuant to the proceedings in Crime No. 14/2019 for the offences punishable under Sections 302, 201, 120B, 379 and 411 of IPC.
2. The case of the prosecution is that a complaint came to be lodged on 07.02.2019 by one Narasimhareddy stating that near Kaggalipura Lake, when the JCB was excavating mud they came across the body of an unidentified male which was found in a gunny bag. On the basis of the said complaint, FIR is registered, investigation is complete and charge sheet has been filed.
3. Learned counsel for the petitioners contends that there is no eyewitness who has seen the commission of offence. The case rests on statement of C.W.2 who is stated to have seen the deceased with accused on 05.02.2019 at 8.00 p.m. It is stated that the question of proof of offence on the basis of recovery allegedly made on the basis of the statement of the accused as well as the weight of evidence to be assigned to statement of C.W.2, is a matter to be proved during trial.
4. Learned High Court Government Pleader, however, opposes the grant of bail and contends that the offence is ghastly in nature and as there is recovery, which would implicate the petitioner and prima facie offence is made out.
5. Taking note of the fact that the case rests on circumstantial evidence and the weight to be attached to the statement of C.W.2, who has stated that he has seen the accused on 05.02.2019 at 8.00 p.m., noting that the time of death is not forthcoming from the postmortem report, a case is made out for enlarging the petitioners on bail.
6. Accordingly, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No. 14/2019 for the offences punishable under Sections 302, 201, 120B, 379 and 411 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, 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 VP