IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6433/2019 BETWEEN SRI SURESHA S/O SEENA @ KRISHNA @ KUMARA AGED ABOUT 22 YEARS, R/O AGALAKOTE HAND POST, MAGADI TALUK RAMANAGARA TALUK AND DISTRICT PIN CODE-562159 ...PETITIONER (BY MS. RAKSHAKEERTHANA K, ADVOCATE FOR SRI KEMPARAJU, ADVOCATE) AND STATE OF KARNATAKA BY MADDUR POLICE STATION, MANDYA DISTRICT BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560001 (BY SRI ROHITH B J, HCGP) RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.19/2019 (C.C.NO.808/2019) OF MADDUR P.S., MANDYA PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC COURT, AT MADDUR, MANDYA DISTRICT, FOR THE OFFENCE P/U/S 302,394,427 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned Counsel for the petitioner and the learned HCGP for State. Perused the records.
2. The petitioner is arraigned as accused No.2 in the chargesheet filed by the respondent-Police arising out of Crime No.19/2019 for the offences punishable under Sections 427, 302, 394 read with Section 34 of the Indian Penal Code.
3. The entire chargesheet papers disclose that on 13.01.2019 in the midnight at about 12.45 a.m. accused Nos.1 to 4 have stealthily entered Muthurayaswamy Temple situated at Thoppanahalli Village and accused Nos.1 and 2 have broke open the locks put to the Temple as well as the main door and also damaged the CCTV cameras and thereafter wrongfully entered into the Temple. At that time, when the father of CW-11 by name Basavaraju @ Kojaraiah woke up and screamed, at that time, accused No.1 assaulted with an iron rod on the head of said Basavaraju, who succumbed to the injuries later. Subsequently, the police have nabbed the accused persons and recovered the amount of Rs.10,000/- from this accused and also some iron rods, caterpillars etc.
4. The entire case revolves around the circumstantial evidence. The recovery as well as the accused persons were last seen on the previous day near the Temple as per the statement of one Muthuraju, who only connects the accused persons to the crime. He has stated that on the previous day, he has seen the accused persons wandering around the Temple. He thought that those persons might have come to the Temple for the purpose of seeing God etc. The other circumstance is the recovery of an iron rod and Rs.10,000/- from this petitioner that has to be proved during the course of full dressed trial that the theft of some amount was the subject matter in the said Temple and the iron rods were actually used for the purpose damaging the locks put to the Temple and to the doors etc.
5. Therefore, under the above said circumstances, so far as this petitioner is concerned, there is no allegation that he has assaulted the deceased and he knew that accused No.1 may assault the deceased and which blow would be sufficient to cause the death of the present deceased. Under the facts and circumstances of the case, the petitioner has made out a case for grant of bail. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with C.C.No.808/2019 on the file of II Addl. Civil Judge and JMFC, Maddur, (arising out of Crime No.19/2019 of Maddur Police Station) registered for the offence punishable under Sections 302, 394, 427 read with Section 34 of IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE JT/-