IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7002/2017 BETWEEN:
Ramachandra S/o Rangappa Aged about 29 years R/at No.5/215 Om Shanthinagar Matham Road Hosur Town Tamil Nadu State-600 021. ... PETITIONER (By Sri A N Radha Krishna, Adv.) AND:
The State of Karnataka By Attibele Police Represented by the State Public Prosecutor High Court of Karnataka Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.320/2016 of Attibele P.S., Bangalore and S.C.No.5029/2017 pending on the file of III Additional District and Sessions Judge, Bangalore Rural District, sitting at Anekal for the offences P/U/S 120(B) and 302 read with Section 34 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.3 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 302 and 120(B) of IPC registered in respondent – police station Crime No.320/2016.
2. The case of the prosecution is, one Nagaraju, S/o Byatappa is the complainant. It is stated in the complaint that on 01.10.2016 during night the complainant after dinner was sleeping in his house and at about 10.30 p.m. he heard some noise as ‘Ayyo Ayyo’. Immediately on opening the door in a light he saw a male person facing the ground lying with blood and besides him a motor cycle was lying. He saw that from Nagalakunte road towards Belluru some person went in a speed in a motorcycle and he was not able to see him. He further noticed two chopped injuries on the said person who was lying and the motor cycle number was TN-70-P-4068 Yamaha FZ05. Immediately he asked one Ganesh who is residing in the same street to wakeup and informed him about the same and the said Ganesha after seeing the body, informed Manjunath, Taluk Panchayath Member through phone and said Manjunath immediately rushed to the spot and informed police through phone. It is further stated by the complainant that he does not know the person who was murdered and the persons who followed him and committed his murder. On the basis of this complaint, case came to be registered for the offence under Section 302 of IPC against unknown persons. During the course of investigation, petitioner herein has been arrayed as accused No.3.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
5. As per the case of the prosecution there are three eyewitnesses to the incident i.e., C.Ws.3, 20 and 21. Perusing the post mortem report the cause of death of deceased is due to transection of brainstem at the level of pons, sustained as result of heavy sharp force impact over the head.
6. As per the prosecution material collected during investigation, no doubt, C.Ws.3, 20 and 21 claim that they are the eyewitnesses to the incident. In the complaint as well as in the inquest mahazar proceedings conducted on the next day of the incident, the names of the assailants were not at all mentioned and the statements of alleged eye witnesses are recorded after lapse of 9 days of the alleged incident.
7. Though the death is due to the assault as opined by the Doctor in the Post Mortem report, the question is regarding the persons who caused the said incident. In view of the delay of 9 days in recording the statement of alleged eyewitnesses and as investigation is completed and charge sheet is also filed, I am of the opinion that it is a fit case to exercise the discretion in favour of petitioner-accused No.3.
8. Accordingly, petition is allowed.
Petitioner/accused No.3 is ordered to be released on bail for the offences punishable under Sections 302 and 120(B) of IPC registered in respondent – police station Crime No.320/2016, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one solvent 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 shall appear before the concerned Court regularly.
Sd/- JUDGE bkp