IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ CRL.P.NO.3067/2019 BETWEEN:
1. S.T. Ramanna, Aged about 36 years, S/o. Sri Sanna Thimmanna, Permanent resident of Katanayakanahalli Village, Now residing at Marenahalli Village, Hiriyuru Taluk, Chitradurga District – 577 511.
2. C. Pathalingappa, Aged about 25 years, S/o Sri Chikkanna, Occ : Coolie, Resident of Marenahalli Village, Hiriyuru Taluk, Chitradurga District – 577 511. … PETITIONERS (By Sri G.M. Srinivasa Reddy, Advocate) AND:
State of Karnataka, R/by Hiriyuru Rural Police, Through State Public Prosecutor, High Court Building, Bengaluru – 560 001. … RESPONDENT (By Sri I.S. Pramod Chandra, SPP-II) This petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioners on bail in the Cr.No.8/2019 of Hiriyur Rural Police Station, Chitradurga for the offence P/U/S 201, 212, 304 of IPC.
This petition coming on for Orders this day, the Court made the following:
ORDER 1. Petitioners are arrayed as accused nos.7 & 8 respectively. The present petition is filed seeking bail under Section 439 Cr.P.C.
2. I have heard the learned counsel for the petitioners and the learned SPP appearing for the respondent – State.
3. Brief facts of the case are that on 08.01.2019, the complainant while proceeding on a motorcycle noticed a dead body of a male person aged between 35 and 40 years at Cross No.103 near a garbage clearing unit situated at Hiriyuru Taluk. The said fact was reported to the police and a case was registered in Crime No.8/2019 of Hiriyuru Rural Police Station against unknown persons for an offence punishable under Section 302 of IPC. During the course of investigation, it was revealed that the dead body was that of one Vasanthakumara and he died on account of falling from the tractor trailor bearing registration No.KA16-TB-0317.
4. The 1st petitioner is the owner of the said tractor and the 2nd petitioner is the supervisor. Accused Nos.1 to 6 are said to be coolies. Allegation against the accused persons are that in spite of knowing that the deceased Vasanthakumara fell down from the tractor/trailor and died on account of sustaining injuries, they did not inform the matter to the concerned persons and also attempted to cause disappearance of evidence.
5. It is not disputed that even the police have given requisition to the Court to alter Section 302 of IPC to one under Sections 304, 201 and 212 of IPC. Offences alleged against the petitioners are not exclusively punishable with death or imprisonment for life. Considering the entire facts and circumstances of the case, I am of the view that the petitioners may be enlarged on bail subject to conditions. Accordingly, I pass the following ORDER Petition is allowed. Petitioners are enlarged on bail in Crime No.8/2019 of Hiriyuru Rural Police Station for the offences punishable under Sections 201, 212 and 304 of IPC, subject to following conditions:-
i) Petitioners shall execute a personal bond in a sum of `50,000/-(Rupees Fifty Thousand Only) each with two sureties for the likesum to the satisfaction of the Trial Court;
ii) Petitioners shall not tamper with the prosecution witnesses in any manner and shall not hamper the case of the prosecution;
iii) Petitioners shall co-operate with the investigation and mark their attendance at the jurisdictional police station on every Sunday between 10 a.m. to 4 p.m. till the filing of chargesheet; and iv) Petitioners shall be regular in attending the court proceedings.
Sd/- JUDGE PKS