IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2nd DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.7697/2019 BETWEEN:
RAJ BISTA S/O CHANDRA SINGH BISTA AGED ABOUT 30 YEARS R/AT STAFF ROOM RELAX BAR AND RESTAURANT B G ROAD, ADUGODI BENGALURU.
NATIVE ADDRESS:
BELADI VILLAGE 1ST MAIN, CHOWINI BAZAR MAHENDRA NAGAR KANCHANAPURI DISTRICT NEPAL … PETITIONER (BY SRI.RAJAKUMAR C, ADV. FOR SRI ANANDA REDDY N, ADV) AND:
THE STATE OF KARNATAKA BY ADUGODI POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001. ... RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.82/2019 REGISTERED BY ADUGODI POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302 AND 201 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The brief facts of the case are that one Mr.Bir Bahadur lodged a complaint stating that his brother by name Ravindra Bahadur was residing in Bengaluru at B G Road, near MICO signal and Ravindra Bahadur was often visiting the house of Bir Bahadur in Wilsongarden, Bengaluru. The said Ravindra Bahadur was residing in a watchman shed at B G Road, Near MICO signal, Adugodi, Bengaluru. He was working as a watchman in Evershine Marble Centre at B G Road, Adugodi, Bengaluru. On 14.05.2019 he lodged a complaint stating that on 8.5.2019 in the evening at about 7.30 PM one Mr.Nandu Bahadur came to the complainant and told that on the above date at 11.00 AM the said Ravindra Bahadur told the said witness that the accused had been to Relax Bar and assaulted the victim. There was some resolution of the dispute and thereafter at about 3.15 PM, the accused had again gone to the watchman shed where the deceased Ravindra Bahadur was residing and assaulted him with his bands and throttled him etc and thereby deceased died due to asphyxia as a result of manual strangulation or throttling.
3. On the basis of the above said allegations, initially the complainant suspected that his brother might have committed suicide by hanging himself in the said shed. Police during the course of investigation obtained the Post Mortem report and found that death was due to asphyxia as a result of combination of throttling and ligature strangulation. The prosecution has also relied upon the statement of eyewitnesses i.e., Anil Kumar and another by name Manjunath. Their statements were recorded after much deliberations on 15.05.2019. They stated that on 08.05.2019 at 3.15-
3.30 PM, accused went to the shed room of deceased Ravindra Bahadur and assaulted him with hands and also squeezed the neck of the deceased from his elbow. The deceased was suffocated, fell down and died. The accused also threatened them with dire consequences. Therefore, they went away from the spot but they did not inform the same to police or anybody including brother of the deceased. Their, statement was recorded on 15.05.2019. Though the complainant has stated by giving further statement on 13.05.2019 the witnesses disclosed about the incident but inspite of that the police have not recorded the statement of eye witnesses atleast on 13.05.2019 i.e., on the date of further statement given by the complainant. Initially, a case under UDR has been registered and the statement of some of the witnesses recorded at the time of inquest but nobody disclosed about the stage of incident. Under the above said circumstances, in view of the delay in recording the statement of eyewitnesses and as no other materials are available, the prosecution has to prove the said statement of eyewitnesses as true during the course of full dressed trial. There is no previous bad antecedents alleged against the petitioner. He is a coolie worker working as watchman. Therefore, under the above said circumstances, by imposing stringent conditions, petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, petitioner shall be released on bail in connection with Crime No.0082/2019 of Adugodi Police Station or C.C. No.17182/2019 on the file of VI Addl. Chief Metropolitan Magistrate, Bengaluru registered for the offence punishable under Sections 302, 201 IPC subject to the following conditions:
(i) The petitioner shall execute his personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) with Two solvent 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 brn