IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL PETITION NO.2282/2019 BETWEEN MURGESHA S/O THANGAMANI, AGED ABOUT 38 YEARS R/O CILKUNDA, HANAGODU HOBLI, HUNASURU TALUK MYSORE-570001 (BY SRI VIKAS M., ADVOCATE) AND STATE OF KARNATAKA BY PUTTUR TOWN POLICE STATION, BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560001 ... PETITIONER ... RESPONDENT (BY SRI I.S. PRAMOD CHANDRA, SPP-II) THIS PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.162/2018 (C.C.NO.173/2018) OF PUTTUR TOWN P.S., D.K., FOR THE OFFENCES P/U/S 324, 326, 427, 307 R/W 34 OF IPC AND SECTIONS 3,4,6 OF EXPLOSIVE SUBSTANCES ACT.
THIS CRIMINAL PETITION COMING FOR ORDERS ON THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed under Section 439 of Cr.P.C., by petitioner-accused No.2 for the offences punishable under Sections 324, 326, 307, 427 of IPC and Sections 3, 4 and 6 of Explosive Substances Act, 1908 of Puttur Town Police Station, in Cr.No.162/2018.
2. The case of the prosecution is that there was a quarrel between the complainant and accused No.1, who is said to be the tenant of the complainant, in respect of consuming alcohol and using non-veg in the house. Thus, accused No.1 with an intention to murder the complainant. Obtained jelletin sticks which are using for blasting rocks in stone quarry and prepared the country bomb and kept the same in the house of the complainant by pouring diesel. The said bomb was exploded and due to which CW1 and CW2 were sustained injuries. Thereby, accused No.1 was arrested and on the basis of voluntary statement of accused No.1, present petitioner-accused No.2 have also been arrested.
3. Learned counsel for petitioner contended that he is innocent of the alleged offences and he did not know anything about the said incident. He has sold the jelletin sticks for the purpose of electrical appliance. This petitioner name was not found in the FIR or in the complaint. He is ready to abide by any conditions that may be imposed by this Court. The charge sheet has already been filed by the police, he is not required for further investigation. Hence, he prays to allow the petition.
4. Per contra, learned HCGP objected the petition on the ground that petitioner was sold the jelletin sticks to the accused No.1 for a sum of Rs.1,000/- as he was working in the stone quarry, which was used by the accused No.1 to prepare the bomb and exploded the same in the house of the complainant. Due to which complainant and his wife sustained injuries. Thereby, present petitioner is also involved in the commission of the alleged offences. Hence, he prays to dismiss the petition.
5. Heard the arguments of both sides and perused the records.
6. No doubt, petitioner-accused No.2 said to be sold the jelletin sticks to the accused No.1. However, accused No.1 alone has prepared the country bomb and exploded the same in the complainant’s house in order to commit the murder of the complainant and her family members. Police have arrested the accused No.1 and after completion of the investigation, charge sheet came to be filed. But there is no allegation made against the present petitioner to come to the conclusion that he also had an intention to commit or attempt to commit murder of the complainant and her family members along with accused No.1. The only allegation against him that he has sold the jelletin sticks to the accused No.1 for which accused No.1 used the same for preparing the bomb. As investigation of the case has already been completed, he is not required for further investigation. Even otherwise the alleged offences are not exclusively punishable with death or imprisonment for life. Considering the facts and circumstances of the case, I do not find any reason to reject the bail application and by imposing some conditions, if the bail is granted, no prejudice would be caused to the prosecution case. Thus, petitioner is entitled to the relief as prayed for. Hence, I pass the following:
ORDER The Criminal Petition is allowed.
The petitioner-accused No.2 is ordered to be released on bail, in Crime No.162/2018 of Puttur Town Police Station for the offences punishable under Sections 324, 326, 307, 427 of IPC and Sections 3, 4 and of Explosive Substances Act, 1908, subject to the following conditions:-
(i) Petitioner-accused No.2 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with a surety for the likesum to the satisfaction of the trial Court;
(ii) Petitioner shall not indulge in similar offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court, and (v) Petitioner shall mark his attendance before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every 2nd and 16th day of the calendar month for a period of six months or till commencement of trial whichever is earlier.
Sd/- JUDGE SN