IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7304/2019 BETWEEN:
MUNIYAN MUTTU, S/O. MUTTU PERISWAMI, AGED ABOUT 24 YEARS, OCC: LABOURER, R/O. SOUTHKADU, SILIYAMPATTI VILLAGE, ATUR TALUK, SALAM, TAMILNADU STATE-636 102. ... PETITIONER [BY SRI. P.B. UMESH, ADVOCATE FOR SRI. RAVINDRA B. DESHPANDE, ADVOCATE] AND:
THE STATE OF KARNATAKA BY SAGAR RURAL POLICE STATION, SAGAR RURAL CIRCLE, SHIVAMOGGA DISTRICT-577 401. ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.109/2019 OF SAGAR RURAL POLICE STATION, SHIVAMOGGA FOR THE OFFENCE P/U/S 302, 201 R/W SEC. 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner and deceased Shivanath were working together in a bore-well lorry and on 15.03.2019 at about 9.00 p.m., when the lorry reached near a Petrol Bunk at Tyagarthi village in Sagar Taluk, due to some mechanical defect the lorry was stopped and the petitioner, who is accused No.2 had been to bring some spare parts for repairing the said lorry. When he came back, he went into the said lorry and found that some money was missing and initially, he came to know that deceased Shivanath has taken that money. In this context, all the accused persons have assaulted Shivanath with hands and kicked him. Due to which, Shivanath succumbed to the overt-act of the accused. Thereafter, in the night itself, the accused took the dead body and buried the same in a forest area near Mulkere village near Sagar Taluk. C.Ws.2 to 5 are the eye-witnesses to the incident. Of course, there is some delay in recording the statements of these witnesses as their statements were recorded on 19.03.2019.
In their statements, they categorically state that they were present when the incident happened and they say that the accused persons were taking away the dead body. They also state that on the next day they came to know that the accused persons have buried the dead body in the forest area. They informed the same to the owner of the lorry, who lodged a complaint on 19.03.2019. Thereafter, the accused were arrested. After the arrest, the petitioner and another accused took the Police to a particular place where the dead body was buried and exhumed the dead body in the forest area. The Police found the dead body of Shivanath and after completing the investigation filed the charge-sheet. The version of the eye-witnesses are available. Though there is some delay in recording the statements of the eye-witnesses, the remaining circumstances connect the accused persons with the alleged crime.
3. In the above said facts and circumstances, I am of the opinion that there is some substance in the allegations made against the petitioner herein and therefore he is not entitled to be enlarged on bail. Hence, the petition deserves to be dismissed.
Accordingly, the petition is dismissed.
Sd/- JUDGE Ksm*