IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.526/2019 BETWEEN:
Nagesh.M S/o Mariyappa, Aged about 29 years, Ambedkar Nagar, Attibele Town, Anekal Taluk, Bengaluru Rural-563 112. …Petitioner (By Sri Mohan Kumara.D, Advocate for Sri M. Krishnegowda, Advocate) AND:
The State of Karnataka State by Attibele Police Station, High Court Govt. Pleader, High Court of Karnataka, Bengaluru-560 001. …Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.366/2017 registered by Attibele Police Station, Bengaluru District and in S.C.No.5015/2018 on the file of III Additional District and Sessions Judge, Bengaluru Rural District for the offence punishable under Section 302 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner- accused under Section 439 of Cr.P.C to release him on bail in Crime No.366/2017 of Attibele Police Station, Bengaluru (S.C.No.5015/2018) for the offence punishable under Section 302 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that the petitioner- accused got married with the deceased and he used to suspect the fidelity of the deceased and he used quarrel with her. Twenty days prior to the alleged incident that there was a quarrel between the deceased and petitioner- accused and as such the petitioner-accused brought the deceased and left at her parents house. It is further alleged that on 17.10.2017 at 12.00 p.m., when the complainant came to his house and saw the petitioner- accused coming out of the house in a frightened mood, there was blood stained on his hands, when the complainant asked the petitioner-accused, he hided his hands. When the petitioner-accused asked the complainant to drop on his motorbike, accordingly, the complainant took the petitioner-accused to the Attibele Police Station and after dropped him, he came back to the house and called his sister, when there was no response from her, the complainant went to the room and saw the deceased was laying with injuries and he was surprised and he came to know that the petitioner-accused has killed her. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that there are no eyewitnesses to the alleged incident. Only evidence which is available against the petitioner-accused that the confession said to have been by the petitioner-accused before the police for having commit the offence. The said confession is hit by the Sections 25 and 26 of the Evidence Act, 1872. He further submitted that there are no other incriminating materials to connect the petitioner-accused in the alleged crime. Already charge sheet has been filed and the petitioner- accused is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer surety, if the petitioner-accused released on bail 5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner- accused was suspecting the fidelity of the deceased and as such he has left the deceased in her parental house. He further submitted that when the petitioner-accused was quarreling with the deceased, the witnesses have seen the petitioner-accused near the house and taking her to inside the house. Thereafter, on the date of the incident, the petitioner-accused taken her inside the house and immediately thereafter, the alleged incident has taken place. He further submitted that the petitioner-accused has also sustained injury and even the bear bottle is also recovered from the place of the incident. He further submitted that the witnesses have also stated that petitioner-accused was present at the time of alleged incident. The alleged offence is a serious offence. He also confessed and surrendered before the police which prima- facie material against the petitioner-accused shows his involvement in serious offence of committing the murder. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the contents of the complaint and other materials, there are no eyewitnesses to the alleged incident, though it is contended by the learned High Court Government Pleader that the witnesses saw the petitioner-accused near the house of the deceased and they also saw the petitioner-accused quarrelling with the deceased and taking her inside the house, that is a matter which has to be considered and appreciated at the time of trial. The complainant has stated in the complaint that when he came to the house, at that time he noticed that the hands of the petitioner- accused were stained with blood and the petitioner- accused asked the complainant to drop him to the Attibele police station and the complainant took the petitioner- accused and dropped him near Attibele Police Station. When the complainant noticed that the hands of the petitioner-accused stained with blood, at that time he suspected him but did not made enquiry with the accused and venture to go inside the house to see what has happened in the house. When he saw the accused, he was in frightened mood and came out of the house. All these suspicious grounds create doubt, in the case of the prosecution when already charge sheet has been filed. There are no eyewitnesses to the alleged incident.
8. Under the facts and circumstances, I feel that it is a fit case to released the petitioner-accused on bail Hence, the petition is allowed. The petitioner-accused is ordered to be released on bail in Crime No.366/2017 of Attibele Police Station, Bengaluru (S.C.No.5015/2018) for the offence punishable under Section 302 of IPC subject to following conditions:
1. Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance on the first date of every month between 10:00 a.m to 5:00 p.m before the jurisdictional police till the trial is concluded.
5. He shall not indulge in similar type of criminal activities.
Sd/- JUDGE HA/-