IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 6943/2018 BETWEEN:
Praveena.P.K S/o Late Kumara Aged about 22 years, R/at Hadlagerepura Village, Bikkodu Hobli, Belur Taluk, Hassan District -34. ...Petitioner (By Sri.Pratheep.K.C, Advocate) AND:
State of Karnataka, By Hassan Rural Police Station, Hassan District Rep. by State Public Prosecutor, High court of Karnataka, Bengaluru – 560001. ... 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.106/2018 of Hassan Rural Police Station, Hassan for the offences punishable under Sections 376, 302, 201 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking to release him on regular bail in Crime No.106/2018 of Hassan Rural Police Station, Hassan District registered for the offences punishable under Sections 302, 376, 201 read with 34 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 complainant had two wives and was having 5 children. Out of the 1st wife he had 4 female children and the complainant is now residing along with the 2nd wife. It is further stated that the last daughter of the 1st wife since one year she was working as a nurse in Hassan. About one year back she was got engaged to the accused/petitioner and marriage was fixed in the month of April 2018. It is further stated that on 22.03.2018, at about 8.00 a.m., she had gone to work at Hassan and thereafter she did not returned. Under the impression that she might be having work, he kept quiet and on 23.03.2018, his friend Rajakumar informed at about 8.15 p.m., that the dead body of his daughter was found at Kalkeri Boundary and immediately, along with the relatives complainant went to the place and there he noticed the dead body of his daughter and he came to the conclusion that some perpetrators murdered his daughter. On the basis of the complaint, a case has been registered. During the course of the investigation that which reveals is after fixing of the marriage with the deceased, accused/petitioner No.1 thought that the deceased is elder to him and was not intended to marry her and as a result of the same, he decided to take away the life of the deceased and with malafide intention he called the deceased to Belur on 22.03.2018, in order to celebrate his birthday and induced her to board on motor cycle bearing registration No.K.A.46-J-4589, and subsequently took her near the land of C.W.21 and at about 9.30 p.m., he enticed her to have sexual intercourse under the grab of he marrying her without her consent. Accused/petitioner No.1 took her to his house and there again he had sexual act and decided to commit murder of the deceased as she may lower the reputation and he slapped on her cheek as a result of the same she collapsed on the ground and at that time he squeezed her neck, because of the said act deceased died. Thereafter accused/petitioner No.1 went to the house of accused No.2, who being the relative of the accused No.1 and disclosed the commission of the offence and brought the accused No.2 to the spot and from there accused Nos.1 and 2 with a common intention to screen the evidence decided to shift the dead body and accordingly, they shifted the dead body of the deceased on the said motor bike of accused No.1 and threw in to the drainage existed in front of Jemshad Khan’s land. On the basis of the said fats and circumstances, after investigation the charge sheet has been field.
4. It is the submission of the learned counsel for the petitioner that already charge sheet has been filed and entire case rests on circumstantial evidence. There are no eye witnesses to the alleged incident. He further submit that the statement of CW.22 clearly goes to show that the deceased was traveling and she went to Belur. Apart from that no other evidence is there. He further submits that the prosecution has not collected any material regarding last seen theory and the medical report but only on the basis of the said material that it is not going to point out guilt of the accused/petitioner. He further submits that only on suspension the said complaint has been registered without there being any material to connect the accused/petitioner and he is ready to abide by any conditions that may be imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the accused/petitioner on bail.
5. Per Contra, learned High Court Government Pleader vehemently argued and submitted that the accused/petitioner has done heinous offence which is punishable with death or imprisonment of life. He further submits that before committing the murder by enticing her he had sex. He further submits that 21 injuries were found over the body of the deceased and it is accused/petitioner who strangulated the deceased. Thereafter, on the motor bike they shifted the dead body. He further submits that the last seen theory so which is intended to be relied upon by the prosecution is a strong circumstance to connect the accused/petitioner to the alleged crime. He also submits that medical evidence and statement of the witness corroborates with each other and accused/petitioner has involved in heinous offence which is punishable with death or imprisonment for life. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for both the parties and perused the records.
7. On close reading of the contents of the complaint there is no specific allegations made on him. As could be seen from the charge sheet material it reveals the fact that the deceased was proceeding in the bus and the accused/petitioner took her for celebrating his birthday and induced her and had sex with her and thereafter he took her to his house and there he slapped on her cheek and when she fell down he strangulated. In order to substantiate the said facts there are no eye witnesses except the voluntary statement of the accused/petitioner. Though the medical evidence and last seen therein and motive though pointed out to the guilt of the accused/petitioner. Only the said circumstances are hypothecation and that there is no concrete material to connect to the accused/petitioner to the alleged crime. Entire case is based on circumstantial evidence and there is no prima facie material to point out guilt of the accused and already charge sheet has been filed. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the accused/petitioner is ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, petition is allowed. Accused/petitioner is enlarged on bail in Crime No.106/2018 of Hassan Rural Police Station, Hassan District registered for the offences punishable under Sections 302, 376, 201, 34 of IPC subject to the 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 leave the jurisdiction of the trial Court without prior permission.
3. He shall mark his attendance once in a month i.e., on 1st of every month between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall regularly appear before the trial Court for trial, without fail.
Sd/- JUDGE NS