IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3957/2019 BETWEEN:
Sri. N.H.Habib, Aged about 48 years, S/o. N.Khaja Sab, Industrialist, R/at # 583, Narasarajpet Main Road, Davanagere – 577 002. ... Petitioner (By Sri. Vishwajith Shetty S, Advocate) AND:
State of Karnataka, Harapanahalli Police Station, Represented by State Public Prosecutor, High Court Buildings, Bengaluru – 560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.63/2019 of Harapanahalli Police Station, Davanagere for the offences punishable under Sections 302 and 201 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 the event of his arrest in Crime No.63/2019 for the offences punishable under Sections 302 and 201 of IPC.
2. The case of the prosecution is that the complainant was owning land beside the road from Harapanahalli to Kanchikere. It is stated that on 30.04.2019 at about 6.00 a.m., dead body of a person was lying near the neem tree. Noticing the dead body which was packed in a gunny bag, a complaint was lodged. On the basis of the complaint registered against the unknown persons, investigation is in progress.
3. Learned counsel for the petitioner states that it is learnt that the voluntary statement of Daval Mallik, who has been treated as accused in the remand application points out that the petitioner’s role is as regards destruction of the evidence. On perusal of the records available with the Investigation Authority would also indicate the role of the petitioner as regards destruction of evidence.
4. Having gone through the records relating to evidence thus for and noticing the voluntary statements of the accused, it is undisputed that from preliminary investigation, the imputation as regards overt acts resulting in death of the deceased is as against Daval Mallik, Mohammed Dastagiri and Khadar Basha, the petitioner is entitled to be enlarged on bail. The imputation as against the petitioner is as regards destruction of evidence.
5. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.63/2019 for the offences punishable under Sections 302 and 201 of IPC subject to the following conditions:-
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.63/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer, Harapanahalli Police Station, Davanagere once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) 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 SJK