IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.360/2019 Between:
1. Salomon @ Tambi s/o Peter, Aged about 30 years, r/a No.36 Chuna Lane – 2 3rd Cross, K G Halli Arabic College Post Bangalore – 560 045.
2. Sarvanan N s/o R Nagendra Aged about 33 years r/a No.38, 3rd Cross Samadana Nagar Kadugondanahalli Arabic College Post Bangalore-560 045. ...Petitioners (By Sri A S Kulkarni, Advocate) And:
State of Karnataka by Bagalur Police Station Bengaluru – 560 064 Rep. by State Public Prosecutor High Court Building Bangalore-560 001. ...Respondent (By Smt.Namitha Mahesh B G, HCGP) This criminal petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.441/2018 of Kadugondanahalli Police Station, Bengaluru City for the offences punishable under Sections 120(B), 143, 147, 148, 302, 201 read with Section 149 of IPC.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R It is the submission of the learned counsel for the petitioner/accused that the mother of the petitioner/accused has been operated and now she is having some problems in the said operation and as such, the matter is taken up out of turn.
2. The present petition has been filed by the petitioner/accused Nos.3 and 6 under Section 439 of Cr.PC seeking to release them on bail in Cr.No.441/2018 of Kadugondanahalli Police Station, Bengaluru City for the offences punishable under Sections 120(B), 143, 147, 148, 302, 201 read with Section 149 of IPC.
3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. The gist of the complaint is that on 10.9.2018 at 7.30 p.m, when the complainant was going by walk beside railway line, behind Lidkar Colony in order to go to HBR Layout from his house at that time dead body of a man was lying beside road. There were no clothes on the body. There were several assault and stab injuries on the body and murdered the said person and thrown the body. On the basis of the complaint, FIR has been registered. Subsequently, when inquest was conducted, the wife of the deceased stated that because of enmity with her husband/deceased, accused No.1 and other accused, might have killed her husband. On the basis of the said statement, accused Nos.4 and 5 were apprehended and however, disclosed that they had eloped the deceased and subsequently committed the alleged offence. On the basis of the said statement, the accused have been apprehended.
5. It is the submission of the learned counsel for the petitioner/accused that the complaint is filed against unknown persons and FIR has been registered. There are no eye witnesses to the occurrence and the entire case is based on circumstantial evidence. The case of the prosecution is relied upon the last scene of occurrence. The only point is that the deceased went away on the motorbike and subsequently the other accused persons went away from the scene of occurrence. On the basis of the statement of wife of the deceased, the names of the accused have been implicated and the case has been built up. The accused are not required for investigation and interrogation. He further submitted that the petitioners are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to release the petitioners/accused Nos.3 and 6 on bail and allow the petition.
6. Per contra, the learned HCGP vehemently argued and submitted that the petitioners/accused along with other accused have committed alleged offence, which is punishable with death or imprisonment for life. The voluntary statement clearly goes to show that accused Nos.3 and 6 have assaulted with lethal weapons and at that time, the accused persons caught hold the deceased and there is overt act against the petitioners. She further submitted that the said weapons have already been recovered at the instance of the accused/persons. On these grounds, she prayed to dismiss the petition.
7. I have carefully and cautiously gone through the contents of the complaint and other materials which are placed on record.
8. It is an admitted fact that there are no eye witnesses to the alleged incident and the entire case is based on circumstantial evidence. The prosecution has relied on the last scene of occurrence as accused No.1 was seen when the deceased went on the motorbike and at that time, the remaining accused persons went in the car. No incriminating material is made against the accused persons for the alleged crime. The said circumstances will not find guilt of the accused in the manner though there are voluntary statement of the petitioners/accused and other accused persons. Under the said facts and circumstances of the case, I am of the opinion that by imposing some stringent conditions, petitioners/accused are ordered to be released on bail to meet the ends of justice.
9. In the light of the discussion held above, the petition is allowed. The petitioners/accused Nos.3 and 6 are ordered to be released on bail in Cr.No.441/2018 of Kadugondanahalli Police Station, Bengaluru City for the offences punishable under Sections 120(B), 143, 147, 148, 302, 201 read with Section 149 of IPC, subject to the following conditions:
1. Petitioners/accused Nos.3 and 6 shall execute personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) each with two sureties for the likesum to the satisfaction of the Trial Court.
2. They shall not tamper with the prosecution evidence directly or indirectly and they shall not threaten the prosecution witnesses.
3. They shall appear before the Court regularly during the trial.
4. They shall not leave the jurisdiction without prior permission of the Court.
5. They shall mark their attendance on 1st of every month before the jurisdictional police between 10.00 a.m. to 5.00 p.m. till the trial is concluded.
Sd/- JUDGE Bkm