IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL.R.B CRIMINAL PETITION No.2786 OF 2017 C/W CRIMINAL PETITION NO.2787 OF 2017 IN CRL.P. NO.2786/2017 BETWEEN:
SRI P.Y.CHANDRAMOULI @ CHANDRA S/O YOGISH, AGED ABOUT 21 YEARS R/AT NADLU PILLENAHALLI VILLAGE SAKKARAYA PATNA HOBLI KADUR TALUK CHIKKAMANGALURU DISTRICT PIN:577168.
… PETITIONER (BY SRI S.S.MANUSHANKAR, ADV.) AND:
STATE BY NEW EXTENSION POLICE STATION, TRILOK PARK CIRCLE TUMKUR TOWN TUMKUR DISTRICT-572101, REP. BY S.P.P HIGH COURT OF KARNATAKA, BENGALURU.
… RESPONDENT (BY SRI CHENTAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.88/2016 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUMAKURU AND CRIME NO.25/2016 OF NEW EXTENSION POLICE STATION, TUMAKURU, FOR THE OFFENCE P/U/S 302, 120B OF IPC.
IN CRL.P. NO.2787/2017 BETWEEN:
SRI HARISHA.R. @ RANI S/O P.S. RAJAPPA AGED ABOUT 23 YEARS R/AT SEEGEBAGI CHENNAGIRI ROAD GANESHA TEMPLE BACK SIDE SHIVAMOGGA TOWN SHIBAMOGGA – 577 201.
… PETITIONER (BY SRI M.T.RANGASWAMY, ADV.) AND:
STATE BY NEW EXTENSION POLICE STATION, TRILOK CIRCLE TUMKUR TOWN TUMKUR DISTRICT-572101, REP. BY S.P.P HIGH COURT OF KARNATAKA, BENGALURU.
… RESPONDENT (BY SRI CHENTAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.25/2016 (S.C.NO.88/2016) OF NEW EXTENSION P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/S 302, 120B OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Since these two petitions are in respect of the same crime number and common question of law and facts are involved, both the petitions are taken up together and dispose of, in order to avoid repetition of facts and law.
2. Both the petitions are filed by Accused Nos.2 and 3 respectively seeking their release on bail of the alleged offenses punishable under Sections 302 and 120B of IPC registered in the Respondent-Police Station Crime No.25/2016 and now pending in S.C.No.88/2016 on the file of the Principal District and Sessions Judge at Tumakuru.
3. Heard the arguments of the learned counsel appearing for the petitioners/Accused Nos.2 and 3 and the learned High Court Government Pleader appearing for the respondent-State in both the petitions.
4. Learned counsel appearing for the petitioners/ Accused Nos.2 and 3 during the course of arguments made a submission that now the trial has been commenced and almost all the prosecution witnesses have been examined but none of the witnesses have supported the case of the prosecution. Hence, the petitioners have moved the present petitions on the ground that, it will take considerable time to deliver the judgment. Hence, both the counsel prayed to allow the petitions and to admit the petitioners/Accused Nos.2 and 3 to regular bail.
5. Per contra, learned High Court Government Pleader made a submission that the case of the prosecution not only rests on the statements of the witnesses, but also rests on the experts opinion, the voluntary statements made by both these accused persons and blood stained clothes and also weapons have been recovered in the presence of Panch witnesses at the instance of present petitioners. He also submitted that the FSL report clearly discloses the matching of even blood groups. He submits that it is a double murder case i.e. the murder of Gopala Shetty and his wife Roopa. Further this Court had rejected the bail petition filed by Accused No.3 on the earlier occasion. Hence, the petitioners are not entitled to be granted with bail at this stage.
6. I have perused the grounds urged in these bail petitions, FIR, complaint and entire charge sheet materials produced by the petitioners along with the petitions.
7. Looking to the prosecution materials and as submitted by the learned High Court Government Pleader, so far as petitioner No.3 is concerned, his bail application had been rejected on the earlier occasion. The prosecution materials prima facie goes to show that these two accused persons have actually committed murder of Gopala Shetty and his wife Roopa on account of supari given to them. The other materials collected during the investigation like voluntary statements of petitioners/ accused Nos.2 and 3 and recovery of blood stained clothes and weapons, FSL report, so also matching of blood groups in respect of all these articles also supports the case of prosecution. I am of the opinion that there is prima facie material placed by the prosecution about the involvement of these two petitioners in committing the alleged offence. The fact that some witnesses turned hostile is not a ground for this Court to allow the petitions and grant bail to the petitioners. Ultimately, it is for the trial Court to take into consideration the entire materials placed on record and to dispose of the matter on merits in accordance with law. But, so far as the apprehension of the petitioners/Accused Nos.2 and 3 that the disposal of the matter may take considerable time, a direction can be issued to the concerned trial Court to take up the matter on priority basis and dispose of the same as expeditiously as possible.
8. Accordingly, both the petitions are rejected.
However, the learned Sessions Judge is hereby directed to take up the matter on priority basis and dispose of the same as early as possible, but not later than six months from the date of receipt of a copy of this order.
The Registry is hereby directed to send a copy of this order to the concerned trial Court, immediately.
Sd/- JUDGE mpk/-*