IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.9248/2017 BETWEEN:
SRI ARUN @ ARUN KUMAR S/O NARASIMHAIAH AGED ABOUT 24 YEARS R/AT NEAR SHANIMAHATMA TEMPLE DEVARABEESABAHALLI BENGALURU -560037. ... PETITIONER (BY SRI MANJUNATHA.A.C., ADV.) AND:
STATE OF KARNATAKA BY BELLANDURU POLICE STATION BENGALURU-560102 REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA BENGALURU-560001. ...RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP.) THIS CRL.P. FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME.NO.07/2017 (C.C.NO.8852/2017) OF BELLANDURU POLICE STATION, BENGALURU CITY FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 364, 302, 120(B) READ WITH 149 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Sections 364, 302 and 120(B) read with 149 of IPC, registered in respondent – police station in Crime No.7/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record.
4. The sister of the deceased is the complainant in this case and deceased is one Prakash who is the husband of accused No.1 Usha. Looking to the allegations made in the complaint that as the sisters of Prakash asked their share in the family property, the deceased was not willing to give the same and the further allegations goes to show that the deceased was taken by Santhosh and his sister Usha i.e., accused No.1 to Maluru and on 13.09.2016 when the complainant was in the house at about 3 p.m., and she was informed that her brother expired in the house of Sharadamma at Indiranagar, then she went to the said place and saw the injuries on the body of said Prakash. She further stated that on 12.09.2016 during the night, in connection with the sale of the house property, the accused Usha, her mother Sharadamma and brother Santhosh and others picked up quarrel and they have committed the murder of Prakash. Hence, she has requested the police to take action as against the assailants.
5. Looking to the complaint averments and other prosecution materials, there are no direct witnesses to the incident, case of the prosecution rests on the circumstantial evidence. Even looking to the circumstances as against the Arun is concerned, there is no recovery of any incriminating articles as such his name not found in the complaint nor in the FIR. But it is only subsequently during the course of investigation, the present petitioner has been arrayed in the case as accused No.3. Looking to the complaint averments, the allegations are against Usha – accused No.1, her mother Sharadamma and her brother – Santhosh. The petitioner herein contended in the bail petition that he is innocent and not involved in committing the alleged offences. There is a false implication and he is ready to abide by any reasonable conditions to be imposed by this Court. Now the investigation is completed and charge sheet also came to be filed. Therefore, it is a fit case to exercise discretion in favour of the petitioner/accused No.3 to be released on bail.
6. Accordingly, petition is allowed.
Petitioner/accused No.3 is ordered to be released on bail in Crime No.7/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE NC.