IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.785/2019 BETWEEN:
Sri. Motappa @ Mohan, S/o Medurappa, Aged about 30 years, Residing at No.1/47, B.B.Palya, Thali, Kothanur Post, Denkanikote Taluk, Krishnagiri District, Tamil Nadu-635 107.
(By Sri.Lakshmikanth K, Advocate) AND:
…Petitioner The State of Karnataka, By Anekal Police Station, Bengaluru, Represented by Its Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.158/2018 (S.C.No.5040/2018) of Anekal Police Station, Bengaluru Rural District for the offence punishable under Section 324, 504, 302 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention with respect to proceedings in Crime No.158/2018 (S.C.No.5040/2018) for the offences punishable under Sections 302, 324 and 504 read with Section 34 of IPC.
2. The case of the prosecution is that the complainant is the mother of the deceased, who had given a complaint before the respondent police alleging that her daughter was married to the accused about 6 years prior to the incident. It is further stated that within such wedlock two children were born who were aged about 4 years and 2 years respectively. It is stated that differences had cropped up in the relationship and number of efforts for conciliation had taken place. It is alleged that on 16.04.2018, when the husband of the complainant had gone out for a walk at about 5.30 a.m., accused trespassed into the house along with the weapon and assaulted the deceased who succumbed to injuries and died. On the complaint being lodged, FIR was registered and investigation is completed and charge sheet has been filed.
3. The learned counsel for the petitioner states that the version as made out by the prosecution is false and that allegedly there was an illicit relationship between the CW-5 – Chandrashekar and the deceased, which is the real reason for the incident.
4. It is further pointed out that the petitioner has two children, daughter aged about 2 years and son aged about 4 years and they are to be taken care of. It is further stated that the proof of offence is a matter for trial.
5. It is to be noted that the Sessions Court had rejected the petition by order dated 05.11.2018, stating that prima-facie case was made out. However, it is to be noted that proof of the offence is a matter for trial. Investigation is completed and charge sheet has been filed. It is also to be noted that the petitioner has two children, son aged about 4 years and daughter aged about 2 years. Petitioner has been in custody since 19.04.2018. The present proceedings cannot be construed to the proceedings for punishment. The context of occurrence of the incident and the commission of offence is a matter to be proved during trial.
6. Accordingly, petitioner is entitled to be enlarged on bail in Crime No. 158/2018 (S.C.No.5040/2018) for the offences punishable under Sections 302, 324 and 504 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall not indulge in any criminal activities of like nature.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS