IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17th DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.2718 OF 2019 BETWEEN:
SOMANATH @ SOMA, S/O HULAGAPPA HARIJANA, AGED ABOUT 24 YEARS, R/A GOOGIBANDE CAMP, RAMADURGA, GANGAVATI TALUK, KOPPAL – 583 227.
(BY SRI. RANGANATH REDDY R., ADV.,) AND:
... PETITIONER STATE BY MAHADEVAPURA POLICE STATION, BANGALORE CITY, BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR, (HIGH COURT OF KARNATAKA), BENGALURU – 560 001.
.…RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITONER ON BAIL IN CR.NO.626/2018 OF MAHADEVAPURA POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 302 AND 120(B) R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent – State. Perused the records.
2. The police have laid charge sheet against the petitioner who is arraigned as accused No.2 in C.C.No.51625/2019 arising out of Crime No.626/2018 for the offence punishable under Sections 302 and 120-B read with Section 34 of IPC.
3. The brief facts of the case are that the accused No.1 is none other than the husband of CW-2 – Susheela. They are residents of Marakata Village in Yelaburga Taluk, Koppala District. The petitioner is the relative of accused No.1. The case of the prosecution is that accused No.1 had been suspecting his wife and also he has been denying the paternity of the child born to them. In this context, there was often quarrel with CW-2 i.e., wife of the accused. He wanted to do away with the child. Accordingly, he secured the presence of accused No.2 and on 05.04.2017 during the night hours, at about 9.00 p.m., accused Nos.1 and 2 took the child along with them and went to the work place of Manjunath Alias Manjappa, where he was working as a coolie in the newly construction building and accused No.2 was holding the said child and accused No.1 squeezed the neck of the child and committed the murder of the child. Though the incident happened on 05.04.2017, but the FIR was lodged on 25.12.2018. There is a delay of more than one year eight months. The nature of allegations made against this petitioner is that he only assisted accused No.1 and allegations against accused No.1 is that he squeezed the neck of the deceased. Perhaps on the basis of the voluntary statement of accused No.1, the petitioner has been implicated into the crime. There are no eyewitnesses to the incident and entire case revolves around the circumstantial evidence. Hence, I am of the opinion that petitioner is entitled to be enlarged on bail, subject to the following:-
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.626/2018 of Mahadevapura Police Station registered against him for the offence punishable under Sections 302, 120-B read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety 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 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 VMB