IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 :BEFORE:
THE HON'BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7109/2017 BETWEEN:
1. PUTTAMADA SHETTY @ CHIKKANNA @ CHIKKAVANA SHETTY, S/O SANNASHETTY, AGED ABOUT 43 YEARS.
2. SRIKANTASHETTY @ SRIKANTA, S/O RANGA SHETTY, AGED ABOUT 45 YEARS, BOTH ARE R/AT KATTEHUNASURU VILLAGE, SARAGUR HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT – 571121.
…PETITIONERS (BY SRI C.M.JAGADEESH, ADVOCATE) AND:
STATE BY HULLAHALLI POLICE, MYSURU DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, BENGALURU – 560 001.
...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.128/2017 OF HULLAHALLI POLICE STATION, MYSURU DISTRICT FOR THE OFFENCE P/U/S 302 AND 201 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel appearing for the petitioners and learned High Court Government Pleader appearing for the respondent.
2. The petitioners are charge sheeted by the respondent-police in respect of offence punishable under Sections 302 and 201 r/w 34 of IPC.
3. The allegation of the prosecution is, the deceased was residing with his family at Katte Hunasuru Village for last 15 years. The Accused No.1 had illicit relationship with the wife of the deceased. In this regard, deceased used to quarrel with his wife, which resulted in her abandoning the matrimonial home along with her son. By apprehending that existence of the deceased is a hurdle for continuation of their illicit relationship. On 01.04.2017, petitioner No.1 with the assistance of petitioner No.2 took the deceased to the river; on the way they made him to consume alcohol heavily and near the river bank, they pushed him to the water thus, done him to death.
4. CW.19 is the sole eye-witness to the incident. His statement is recorded on 23.04.2017. As per his 161 Cr.P.C. statement, after witnessing the incident, he was panic and left the place and on 10.04.2017, he saw the dead body at the river bank wherein the police were also there. On 23.04.2017, he saw the accused persons, who were brought under police custody to the spot.
5. The veracity of the statement of this witness still needs to be tested during the trial. No incriminating material is seized from the possession of the petitioners. These petitioners are not shown to have any criminal antecedents. In the circumstances, there is no impediment to allow this petition.
6. Accordingly, the petition is allowed. The petitioners are enlarged on bail, subject to following conditions:
i) Petitioners shall execute a self bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the concerned Court.
ii) Petitioners shall attend the Court regularly on all hearing dates.
iii) Petitioners shall not threaten or prevail upon the prosecution witnesses.
Sd/- JUDGE VM