IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL PETITION NO.1209/2019 Between:
S. Ramesh @ Belthur Ramesh Aged about 50 years, S/o. Subbanna, R/at G-17, Keerthi High Apartments, Belathuru, Kadugodi Post, Bidar Hobli, Bengaluru – 560 067.
... Petitioner (By Sri M.T.Nanaiah, Senior Advocate & Sri B.T. Prabhugoud, Advocate) And:
The State of Karnataka by Avalahalli Police Station, Bengaluru Rural, Rep. by State Public Prosecutor High Court Complex, Bengaluru – 560 001. ... Respondent (By Smt. B.G.Namitha Mahesh, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.355/2018 (C.C.No.11260/2018) of Avalahally Police Station, Bangalore District for the offence P/U/S 120(B), 302, 201, 465, 471, 417, 419 and 420 of IPC.
This Criminal Petition coming for Orders on this day, the court made the following:
ORDER This petition filed by the petitioner who is accused No.1 under Section 439 of Cr.P.C. for grant of bail.
2. The petitioner is the accused No.1 in Crime No.355/2018 registered the case by Avalahalli Police for the offences punishable under Sections 120(B), 302, 201, 465, 471, 417, 419, 420 of Indian Penal Code.
3. The allegation of the complainant-Police against the petitioner is that while interrogating accused No.11 in a case registered in their police station in Crime No.353/2018, it was revealed by accused No.11 that the present petitioner and the other accused persons were in order to get the land in the name of this petitioner, they wanted a death certificate of one Nanjappa. Therefore, they brought one Krishnappa and killed him for the purpose of death certificate. They created the death certificate and after murder, they burnt the body and destroyed the evidence. Thereafter, they have created the sale deed in the name of the petitioner. Therefore, the petitioner was arrested and he is in judicial custody from 25.09.2018.
4. Learned counsel for the petitioner contended that co-accused has already been granted bail by this Court. There is no direct evidence against the accused person. The suo moto complaint registered by the Investigating Officer only on the voluntary statement of the co-accused which is not admissible under law. The investigation has been completed and the charge sheet has already been filed. The petitioner is in judicial custody from more than eight months and he is ready to abide by the conditions imposed on him. Hence, prays for granting bail.
5. Per Contra learned High Court Government Pleader vehemently argued that there is a prima facie case made out against the accused for having committed the offence of murder. Since CC TV footage revealed that the deceased brought to the house of this accused No.11 in order to get the death certificate of one Nanjappa. They killed the deceased Krishnappa and burnt the dead body and ashes immersed in the sangam Kaveri River at Srirangapatna. Though the co- accused has already been granted on bail, they have not directly involved in the offence but they are witnesses to the sale deed. The petitioner is the main accused, who is the beneficiary. Though the investigation has already been completed, that is not sufficient ground to allow the application. The family members of the deceased namely, CWs.2 to 4 have identified the deceased in CC TV footage, which was seized by the police from the house of the accused. The Investigating Officer has obtained CC TV footage and sent to FSL. The Police requested for permission to file an additional charge sheet. Hence, prays to dismissal of the petition.
6. Upon hearing the arguments of both the sides and perused the records, though there is no eye witness to the incident. However, the circumstantial evidence reveals that the deceased was brought to the house of accused No.11 on 15.09.2018 as per the CC TV footage. The wife of accused No.11 said to be threatened that she will reveal about the murder of the deceased to the police. Therefore, accused No.11 murdered his own wife and case in Crime No.353/2018 has been registered. During the interrogation, this offence came to be revealed by accused No.11. There is sufficient material placed on record to show that the petitioner created sale deed and the petitioner was beneficiary in order to get the land in his name. He has conspired with the other accused persons and killed the deceased and destroyed the evidence by burning the dead body. Therefore, I do not find sufficient ground made out by the petitioner at this stage. Merely, the petitioner is in judicial custody from more than eight months that itself is not ground to enlarge him on bail. Hence, the Criminal Petition is dismissed.
Sd/- JUDGE KA