IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF APRIL, 2017 BEFORE THE HON' BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.1894 OF 2017 BETWEEN:
SRI MAHESH KUMAR N., SON OF LATE NARASEGOWDA, AGED ABOUT 22 YEARS, RESIDING AT KATTENAYAKANAHALLI, HOSA COLONY, HUTRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 130.
... PETITIONER (BY SRI VENKATESHA C.SHARMA, ADV.,) AND:
STATE OF KARNATAKA, BY ITS KUNIGAL P.S., REP. BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
... RESPONDENT (BY SRI B.J.ESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETR. ON BAIL IN CR.NO.208/2015 (C.C.NO.125/2016) OF KUNIGAL P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/S 302 R/W 201 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 the learned High Court Government Pleader for the respondent- State.
2. The respondent-Police have charge sheeted the petitioner/accused No.1 along with four others in their Crime No.208/2015 for the offences punishable under Sections 302 and 201 of IPC.
3. The allegation is, the deceased used to hangover with C.W.7 - Smt Pushpalatha and insisted her to give her niece in marriage to him, for which, she denied. In his inebriated condition he used to quarrel with that lady in her hotel. The petitioner being the son of C.W.7 felt humiliated, since people would suspect the relationship of the deceased with his mother; on 20.1.2015 the petitioner decided to finish off the deceased. Since, the deceased had abused his mother on 20.1.2015; he went searching for the deceased in his autorickshaw and on seeing him walking alone on the road assaulted him with a size stone on the back of his head and disposed of his body in a pond. The dead body was found on the same day and the father of the deceased gave complaint suspecting the family members of C.W.7.
4. After the post mortem report, FIR was registered on 11.6.2015. Recording of the statement of the witnesses commenced in the month of October, 2016 onwards. C.W.10 states about the extra judicial confession made by the accused with him in his presence. In the absence of the evidence of eye witnesses, the belated statements of the circumstantial witnesses, since yet to be decided during trial, there is no impediment to allow the petition.
5. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.208/2015 registered by the respondent- Police, subject to following conditions:
(i) He shall execute a self bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the concerned Court. The sureties shall produce their Aadhar Card/Identity Card and the original title deed pertaining to their immovable property for perusal of the Court;
(ii) He shall attend the Court regularly on all hearing dates;
(iii) He shall not indulge in any criminal activities;
Sd/-
JUDGE PB