IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6651 OF 2019 BETWEEN:
SRI. BYREGOWDA, S/O VENUGOPAL, AGED ABOUT 30 YEARS, WORKING AT DAIRY, R/O SEETHI HOSUR, KOLAR TALUK, NOW R/AT KOTE, KOLAR-563 101. ...PETITIONER (BY SRI. NANJUNDA GOWDA.M.R., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY NANGLI POLICE, MULBAGAL TALUK, KOLAR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2. G.VENKATARAVANAPPA, S/O GANGAPPA, AGED ABOUT 50 YEARS, R/AT KUNIBANDE VILLAGE, MULBAGAL TALUK, KOLAR DISTRICT-563 101. …RESPONDENTS (BY SRI.ROHITH.B.J., HCGP FOR R-1, R-2 - SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.47/2019 OF NANGLI POLICE STATION, KOLAR, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 201 READ WITH SECTION 34 OF THE INDIAN PENAL CODE, 1860 AND SECTION 3(2)(5) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1. – State. Perused the records.
2. The petitioner is arraigned as accused No.3 in Special S.C. No.14/2019 on the file of II Additional Sessions Judge, Kolar, for the offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’) and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Earlier, the petitioner had approached this Court in Criminal Petition No.4521/2019 for grant of bail. This Court, by order dated 01.08.2019, has dismissed the said petition as withdrawn with liberty to the petitioner to approach the trial Court after charge sheet is filed.
4. After the charge sheet being filed, the petitioner approached the Sessions Court by filing Spl. S.C. No.14/2019. The Sessions Court has declined to grant bail to the petitioner herein vide order dated 04.09.2019. Hence, the petitioner is before this Court.
5. On careful perusal of the entire charge sheet averments, it reveals that the deceased, by name, Chandraiah, was having an evil eye on the wife of accused No.1. He wanted to have physical contact with her. This has come to the knowledge of accused No.1 and he, in fact, contacted accused Nos.2 and 4 and they hatched a conspiracy to do away with the life of the deceased Chandraiah. In this background, it is alleged that on 05.05.2019, they requested accused No.3 also to go along with them for the purpose of advising the said Chandraiah. In this context, accordingly, accused Nos.1 to 4 went in different motorcycles along with the said Chandraiah and they took the said person to a Gomala land in Gudipalli, which is situated in Nalagutta forest area. It is alleged that at that place, accused Nos.1 and 2 started assaulting the said Chandraiah and in fact, assaulted him with eucalyptus clubs, which were actually secured by them in the forest area itself and after the commission of the murder of the deceased, accused Nos.1 and 2 informed the same to accused No.3 stating that they had thrown him away. Death has occurred and therefore, they wanted to disguise the said dead body in order to avoid future complications. In fact, accused No.3 also accepted for the same and helped them in disguising the said dead body near Thambihalli bridge. On the above said allegations, the charge sheet has been filed.
6. In fact, the conspiracy was between accused Nos.1, 2 and 4. Accused No.3 was only informed that they will teach a lesson to the deceased not to repeat his act with the wife of accused No.1. At this stage, it is very difficult to draw conclusion that accused No.3 was also knowing that the other accused would commit the murder of the deceased. Therefore, the common intention has to be established during the course of full dressed trial. As the role assigned to accused No.3 was only that he went along with the accused and assisted the other accused persons in disguising the dead body of the deceased. Therefore, under the above said facts and circumstances, in my opinion, the petitioner is entitled to be enlarged on bail on stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Special S.C. No.14/2019 for the offences punishable under Sections 302 and 201 read with Section 34 of the IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two 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 sma