IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.6226/2017 BETWEEN:
PRASANNA @ BUDDAGHA AGED ABOUT 21 YEARS S/O NAGARAJA R/O MADAPANNAHALLI VILLAGE SAJJAPURA HOBLI ANEKAL TALUK. ... PETITIONER (BY SRI A L PREM KUMAR, ADV.) AND:
STATE OF KARNATAKA BY ITS ANUGONDANAHALLI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. ...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.118/2015 (S.C.NO.22/2015) OF ANUGONDANAHALLI P.S., BANGALORE RURAL DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 201 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 302 and 201 of IPC, registered in respondent – police station Crime No.118/2015.
2. Brief facts of the prosecution case at the first instance that one M.R.Krishnappa lodged the complaint stating that in the fence of the land belonging to one Kodandarama Reddy there was a dead body lying, people gathered there, he also went there and saw the dead body, which was of a male person, it was lying in a supine position and there was a foul smell and there was one Bajaj Discovery motorcycle present at a distance of 100mts. away from the dead body and he has mentioned that some persons for some reason might have killed the said person and disposed of the said dead body on the said place. On the basis of the said complaint, firstly case came to be registered against unknown person, but subsequently, during the course of investigation, five persons have been arrayed as accused persons, that they are the assailants.
3. Learned counsel for the petitioner produced the copy of the bail order dated 24.02.2016 passed by this Court in Crl.P.588/2016 in respect of three accused persons i.e., M.V.Lokesh, Muniraju @ Kodangi and the third one is Harish, this Court, after considering the charge sheet material, allowed the said petition and granted bail to those three accused persons. It is no doubt true, the petitioner also approached this Court by filing the Crl.P.6018/2016, but it came to be dismissed for default by the order dated 13.12.2016.
4. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
5. I have perused the grounds urged in the bail petition, FIR, complaint and the charge sheet material, so also, the other materials placed on record. I have also perused the statement of Lokesh, Muniraju @ Kodangi and one Shivappa @ Shivu. Earlier at one stage, they were arrayed as accused persons, but subsequently, they were treated as prosecution witnesses and their statement came to be recorded by the Investigating Officer. I have also perused the statement of other two witnesses, they have also not stated about the involvement of the petitioner in committing the alleged offence. But the document produced goes to show that it was on 28.06.2016 i.e., nearly after the expiry of six months from the expiry of the incident. The petitioner came to be arrested and the voluntary statement came to be recorded by the Investigating Officer. Now the investigation is completed and charge sheet has been filed. Looking to these materials and the delay and as even the alleged eye-witnesses i.e., Lokesh, Muniraju and Harish have also not stated the name of the petitioner that he has involved in committing the alleged offence, I am of the opinion that petitioner can be enlarged on bail by imposing reasonable conditions.
6. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail of the offence punishable under Sections 302 and 201 of IPC, registered in respondent – police station Crime No.118/2015, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE BSR