IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9673/2018 BETWEEN:
Sri. Muniswamy, S/o Venkateshappa, Aged about 40 years, Agriculturist, R/at Vanigeni Village, Duggasandra Hobli, Mulbagal Taluk, Kolar District – 563 130.
(By Sri.M.R. Nanjundagowda, Advocate) ...Petitioner AND:
The State of Karnataka, By Mulbagal Rural Police, Represented by State Public Prosecutor, High Court Buildings, Bengaluru – 560 001. ...Respondent (By Sri. H.S. Chandramouli, SPP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.194/2018 (S.C. No.163/2018) of Mulbagal Rural Police Station, Kolar District for the offence p/u/s 302, 201 of IPC and Section 4 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.194/2018 (S.C. No.163/2018) of Mulbagal Rural Police Station for the offences punishable under Sections 201 and 302 of IPC and Section 4 of POCSO Act.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 24.06.2018 at about 3.00 p.m., somebody informed that there was a dead body of female and the said body has been burnt, it may be aged about 20-22 years. On the basis of silver leg chains, nose stud in the nose and other materials, they identified and came to know that some miscreants have committed the murder and burnt the body. Thereafter, during the course of investigation, accused Nos.1 to 3 were apprehended and the voluntary statement has been recorded and he confessed that accused Nos.1 and 2 were having illicit relationship and accused No.1 has raped the deceased and she became pregnant. However, accused No.1 was responsible for that. In that context, on 23.06.2018 they took the deceased in the car and thereafter, strangulated with whale(Dupaatta) and committed the murder of the deceased and with an intention to screen the evidence, they took her body in the car and thereafter, they burnt the body. On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for petitioner that the entire case rest on circumstantial evidence and there are no eye witnesses to the alleged incident. The only allegation which has been made in respect of accused No.3 is that he had come to the scene of the offence and it is accused No.1, who has purchased the petrol and thereafter, the body was burnt. He has assisted to screen the evidence and no incriminating material is forthcoming as against the petitioner/accused No.3. Further it is submitted that the petitioner is not responsible for the death of the deceased. Even the animosity was there between accused No.1 and deceased and submitted that he is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned counsel for the respondent vehemently argued and submitted that accused No.3 was aware of the fact that accused Nos.1 and 2 have committed the murder of the deceased and he went to the spot and made an enquiry thereafter, he took the body into the car and till it burnt, he accompanied with accused Nos.1 and 2. It is further submitted that the petitioner is also charge sheeted under Section 120 of IPC and he is also equally liable to be punishable for the alleged offences. It is further submitted that independently, Section 201 of IPC is also liable to be punishable if he is participated in screening the offence and serious allegations have also been made as against accused No.3. There is prima-facie material to show that the petitioner is involved in a serious offence and committed the murder of the deceased. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission of learned counsel appearing for both the parties and perused the records.
7. The charge sheet material indicates that the enmity was existing between the accused Nos.1 and 2 and deceased and other materials also clearly go show that it is accused Nos.1 and 2, came near Mulbagal bus stand in a car bearing Reg. No.KA-53-C-0229 and took the deceased into the said car and thereafter, they made her to consume panipuri and at about 9.30 p.m., they went near of Vaniganahalli, there it is accused No.2 tried to smother her by using kerchief at that time, accused No.1 by taking the whale tied to the neck of the deceased and committed the murder of the deceased and as the said car was fixed in the silt near lake, at that time, they called CW.27 to bring tractor, CW.27 brought CW.28 and accused No.3 along with the tractor and thereby, with the help of accused No.3 they took the body of the deceased in the car and they went to Nisarga petrol bunk and there they purchased petrol and thereafter, they went to Gomala and in the said land, pushed the deceased along with kerchief and her whale by pouring petrol lit fire. There are no specific overt-acts alleged against accused No.3 to connect him to the murder of the deceased. He came only after the body was taken near the lake. Thereafter, he helped to screen the evidence by accompanying accused Nos.1 and 3.
8. By taking into consideration of all these aspects, petition is allowed. Petitioner/accused No.3 is enlarged on bail in Crime No.194/2018 (S.C. No.163/2018) of Mulbagal Rural Police Station, Kolar District for the offence p/u/s 302, 201 of IPC and Section 4 of POCSO Act subject to the following conditions:
1. Petitioner/accused No.3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly 3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall not indulge in similar type of activities till the completion of the trial.
5. He shall mark his attendance once in a month i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the trial is concluded.
Sd/- JUDGE VBS