IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7998 OF 2019 BETWEEN:
SANJAY KUMAR @ BISINIRU @ SANJAY S/O LATE BASAVARAJU AGED ABOUT 20 YEARS R/AT. CHIKKENAHALLI VILLAGE KAILANCHA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT-562159. (BY SRI. RAMESHA H.N. ADV.) AND:
THE STATE OF KARNATAKA BY RAMANAGARA RURAL P.S.
REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001.
(BY SRI. ROHIT B.J. HCGP) … PETITIONER … RESPONDENT - - -
This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on Bail in Cr.No.527/2017 (C.C.No.21/2019) of Ramanagara Rural P.S. Ramanagara for the offence P/U/S 302, 392 R/W 34 of IPC.
This Petition coming on for Orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent – State and perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.527/2017 of Ramanagara Rural Police Station which was later registered in C.C.No.21/2019 after the charge sheet is filed for the offence under Sections 302 and 392 read with 34 of IPC.
3. The records disclose that a person by name Puttaraju lodged a complaint stating that on 17.12.2017 in the night at about 7.30 p.m., his daughter telephoned to him as he was working in RBL Bank in Ramanagar as a security, to the effect that the wife of the complainant did not come back to the house. He went to the Village and found that the dead body of his wife was lying near the land of one Chandraiah. He found that one finger ring as well as mangalya chain was missing from the body of his wife and he suspected some foul play and therefore, lodged a complaint. Initially, the police have registered a case in UDR No.39/2017. Subsequently, after the post mortem examination, the police found that the death was due to the result of respiratory obstruction and due to collection of blood and blood clots in the larynx, trachea, branchi and bronchioles secondary to the trauma caused to the vital organ i.e. the left lung. Thereafter, it appears that the police have registered a case under Section 302 in Crime No.527/2017 and started investigating the matter and in fact the police have arrested the petitioner on suspicion and found that he actually committed the murder along with accused No.2 by assaulting the deceased on her chest for the purpose of robbing the gold chain and other ornaments. It is the allegation that accused No.1 has pledged the gold mangalya chain belonged to the deceased in Parameshwara Bankers and thereafter sold the same to Attica Gold Company and later, the same has been recovered by the police in the said Attica Gold Private Limited.
4. On the above said allegations, the accused No.4 has approached this Court in Crl.P.No.4881/2019 and vide order dated 23.07.2019, this Court has enlarged accused No.2 on bail. Though some recovery as alleged have been made at the instance of the petitioner, the allegations of assault and commission of offence is one and the same against accused Nos.1 and 2. The incident happened in the year 2017 and the accused persons were arrested on 21.02.2019. A long gap is there between the said period. Therefore, when the matter is circumstantial evidence case, particularly, considering the nature of allegations and the facts of the case, as accused No.2 has already been released on bail, the petitioner is also entitled to be enlarged on bail on some stringent conditions. Hence, I pass the following ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with C.C. No.21/2019 on the file of the learned Prl. Civil Judge (Sr. Dn.) and CJM at Ramanagara registered for the offence punishable under Sections 302 and 392 read with 34 of IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (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 RV