IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3054/2019 BETWEEN 1. Sri Somashekar S/o Javarayigowda, Aged about 28 years, R/at Kalligowdanadoddi Village, Uyyamballi Hobli, Kanakapura Taluk, Ramanagara District-562117 2. Sri Ningaraju S/o Javarayigowda, Aged about 31 years, R/at Kalligowdanadoddi Village, Uyyamballi Hobli, Kanakapura Taluk, Ramanagara District-562117 ... Petitioners (By Sri. R V Shivananda Reddy, Adv.) AND State of Karnataka By Kodihalli Police, Kanakapura Taluk, Ramanagara District, Rep. By State Public Prosecutor, High Court Building, Bengaluru-560001 (By Sri. S. Rachaiah, HCGP) ... Respondent This criminal petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioners on bail in Cr.No.163/2018 (C.C.No.242/2019) of Kodihalli P.S., Ramanagara District for the offences P/U/Ss 324,341,448,306,504 r/w 34 of IPC.
This criminal petition coming on for orders this day, the court made the following:
ORDER The petitioners who are accused nos.1 and 2 have filed the present petition seeking to enlarge them on bail in connection with their detention pursuant to the proceedings in Crime No.163/2018.
2. Though, initially the FIR came to be registered with respect to offences punishable under Sections 143, 147, 324, 341, 448, 302 r/w 149 of IPC, subsequently, at the time of filing of the charge-sheet, the accused have been charged for the commission of offences punishable under Sections 324, 504, 341, 448, 306 r/w 34 of IPC.
3. It is the case of prosecution that on 12.12.2018, at about 12 O’ Clock, the petitioners and others have formed into unlawful assembly in order to commit murder of Siddaraju and his wife Sakamma and had gone to their house. It is further stated that Siddaraju’s son had eloped with Pallavi who is the wife of the first petitioner. It is further stated that in the altercation, the accused were assaulted and thereafter it is alleged that Siddaraju and Sakamma had consumed poison and died.
4. It is to be noted that accused no.3 is released on bail by order of the learned Sessions Judge dated 28.05.2019. The learned Sessions Judge after noting that charge-sheet has been filed, has observed at Para 23 of the judgment that whether an offence under Section 306 IPC was made out or not is a matter to be proved during trial. It is noted that sessions judge has rejected the application of the petitioners noticing that the complainants has sought for proper re-investigation. Taking note of the “seriousness and sensitivity involved in the case” however it is to be noted that subsequent to the order of 04.04.2019 the accused no 3 is released on bail as per the order dated 28.05.2019. This fact by itself can be taken note of and the present bail application can be considered.
5. It is also to be noted that the role imputed to the accused no. 1 2 & 3 in the chargesheet is identical and as accused no.3 is already been released on bail on order dated 28.05.2019 the petitioners have made out a strong case to consider their case case.
6. Taking note of the fact that charge-sheet has been filed and investigation is complete, the question as to whether there is abetment to commit suicide is a matter to be proved during trial. Also, noticing the fact that offences committed by the accused are not punishable with imprisonment for life, the petitioners are entitled to be released on bail.
7. In the result, the bail petition filed by the petitioners under Sec. 439 of Cr.P.C., is allowed, subject to the following conditions:
(i) The petitioners/accused nos.1 and 2 shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) each with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioners/ accused nos.1 and 2 shall fully co-operate for expeditious disposal of the trial and shall not indulge in any criminal activities henceforth.
(iii) The petitioners/ accused nos.1 and 2 shall not tamper with evidence, influence any witness.
(iv) The petitioners/ accused nos.1 and 2 shall physically present themselves and mark their attendance before the concerned SHO once in a month between 10.00 a.m. to 5.00 p.m., till the conclusion of trial.
(v) Any violation of the aforementioned conditions by the petitioners shall result in automatic cancellation of bail.
Sd/- JUDGE Np/-