IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4359/2019 BETWEEN:
Preetham Gowda @ Preetham S/o. Basavaraju Aged about 22 years R/at. Behind Brahmanara Hostel Rangolihalla, Salagame road Hassan town Hassan District – 34.
…Petitioner (By Sri. Pratheep K.C., Advocate) AND:
The State of Karnataka Rep. by Hassan Extension Police Station, Hassan District Represented by its State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
... Respondent (By Sri. Rohith B.J., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.240/2018 (S.C.No.236/2018) registered by Hassan Extension Police Station, Hassan, for the offence punishable under Section 341 and 302 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.240/2018 of Hassan Extension Police Station, for the offences punishable under Sections 341, 302 and 34 of IPC. After committal, a Sessions Case has been registered in S.C.No.236/2018.
3. The brief facts as could be seen from the charge sheet are that on 23.06.2018, the accused persons have formed into an unlawful assembly near Community Hall, Dasarakoppalu, Hassan town, and conspired themselves to eliminate the deceased Santhosh @ Santu. In furtherance of the same, at about 5.30 p.m., the accused Nos. 1 and 2 had seen the deceased Santhosh @ Santu coming near the community hall. At that time, both the accused persons brought a chopper and knife which was kept near the community hall and A.2 assaulted with chopper on the head of the deceased and A.1 has also stabbed on the chest and stomach of the deceased and the deceased died at the spot.
4. The entire charge sheet papers as well as the submission made by the learned HCGP disclose that during the course of investigation, the Police have arrested the petitioner and recovered blood stained clothes from him which were alleged to have been worn by him at the time of the incident. The same contained the blood which matched with the blood group of the deceased. Except that circumstance, and also the motive factor, no other materials are available at this stage. The matching of the blood group has to be decided during the course of full fledged trial, as to why and how the said blood had fallen on the clothes of the petitioner. Further, the motive factor also cannot be a decisive factor at this stage. In the above said facts and circumstances, as the entire case revolves on the circumstantial evidence, the prosecution has to prove the circumstances beyond reasonable doubt. The petitioner is entitled for bail as charge sheet has already been filed and he has been arrested and he has been sent to judicial custody. Hence, the following :
O R D E R The Petition is allowed. Consequently, the petitioner (Accused No.1) shall be released on bail in connection with Crime No. 240/2018 of Hassan Extension Police Station in S.C. No. 236/2018 on the file of the V Additional District and Sessions Judge at Hassan, registered against him for the offences punishable under Sections 341, 302 read with 34 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE mgn/-