IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6731 OF 2019 BETWEEN:
SRI.K.JAYAN @ JAYA, S/O SRI.KRISHNAN, AGED ABOUT 34 YEARS, GOWLI STREET, MADIKERI, KODAGU DISTRICT – 571 201.
... PETITIONER (BY SMT. M.SHASHIKALA, ADVOCATE FOR SRI. S.BALAKRISHNAN, ADVOCATE) AND:
STATE OF KARNATAKA, BY MADIKERI RURAL CIRCLE POLICE STATION, MADIKERI – 571 201. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
(BY SRI.HONNAPPA, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.45/2019 (S.C.NO.52/2019) OF MADIKERI RURAL P.S., KODAGU FOR THE OFFENCE P/U/S 120B, 302, 201 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as Accused No.3 in S.C.No.52/2019 on the file of I Additional District and Sessions Judge, Kodagu, Madikeri (Arising out of Crime No.45/2019) for the offence under Sections 302 and 201 of IPC read with Sections 120-B and 34 of IPC.
3. The brief factual matrix of the case are that the deceased Balachandra Kalagi and Accused Nos.1 and 2 are rivalries to each other with reference to some Gram Panchayath President post and also with reference to an arrack shop in Sampaje village. In this context, they developed hatredness against each other. It is alleged that because of that reason, Accused Nos.1 and 2 have hatched a conspiracy with Accused No.3 to do away with the life of accused. Accordingly, to show to the whole world as though it is an accident, in fact Accused Nos.1 to 3 have planned to murder the deceased in the nature of an accident. Accordingly, on 19.03.2019, Accused No.2 has asked the whereabouts of the deceased and found that the deceased was proceeding towards Kushalnagar in his car. At that time, Accused Nos.1 and 2 have informed the same to Accused No.3 and in fact at about 5.47 p.m., Accused No.3 who was traveling in a lorry bearing Registration No.KA-12/A- 6253 from Talatmane to Madikeri, came in a high speed and dashed against the Maruthi omni car in which the said deceased Balachandra Kalagi was moving and due to the impact of the accident, the deceased Balachandra Kalagi died sustaining grievous injuries.
4. During the course of investigation, the Police have collected the mobile phones of Accused Nos.1 to 3 and they have conversed with each other during that point of time. Therefore, on that ground, the Police have implicated the petitioner as Accused No.3. The conversation between Accused Nos.1 to 3 and their previous meeting and conspiracy has to be established beyond reasonable doubt during the course of full-dressed trial. It is the petitioner who actually dashed against the car of the deceased. Whether it is a sheer accident or whether Accused Nos.1 to 3 have hatched a conspiracy to do away with the life of the deceased is yet to be decided in a full- dressed trial by proving the case beyond reasonable doubt. The case revolves around circumstantial evidence. Therefore, in the above said circumstances, particularly when the conspiracy is alleged against Accused Nos.1 to 3, the same has to be proved beyond reasonable doubt at the time of trial. Hence, in my opinion, considering the nature of allegations and facts of the case, particularly under Section 439 of Cr.P.C., the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner-accused No.3 shall be released on bail in connection with Crime No.45/2019 of Madikeri Police Station registered against him for the offence punishable under Sections 302, 201, 120-B read with Section 34 of IPC, 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 HR