IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3062 OF 2019 BETWEEN:
SRIDHARA @ SHASHI S/O RAJANNA AGED ABOUT 27 YEARS, CHIKKANAHALLI, DODDABELVANGALA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL – 561 204. ...PETITIONER (BY SRI MOHAN KUMAR.D., ADVOCATE) AND:
STATE OF KARNATAKA, STATE BY DODDABELAVANGALA P.S REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. ...RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.139 OF 2018 OF DODDABELAVANGALA POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 201 OF IPC AND SECTION 3CL,2(5) OF SC/ST ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned HCGP for the Respondent-State. Perused the records.
2. The complainant by name, Nagaraju lodged a complaint on 20.06.2018 at 12.30 noon stating that his son Shantharaju after completion of his degree was doing coolie work. While going for coolie work, he developed love affair with a girl, by name, Hema and thereafter, their marriage took place in the month of May, 2016 and they started living in the complainant’s house. Due to some differences between husband and wife, the said Hema left to her parental home and for a period of three months, his son, Shantharaju stayed with the complainant only. Thereafter, his son left his house stating that he will go to Thirupathi along with his wife and thereafter, did not return home. On 12.05.2018, on enquiry with the said Hema, she revealed that during the last week of November, 2017 her husband Shantharaju along with his friend, by name, Shashikumar went to a temple near Thambenahalli and thereafter did not return to home at all. On a complaint being filed by the complainant, Nagaraju, the police asked him to identify a skull and clothes of a person which they found near Thambenahalli Tank and on that basis, the complainant identified that the clothes belonged to his son Shantharaju. He suspected that the said Shashikumar might have committed the murder of his son.
After investigation, the police have found that only with an intention to have relationship with the wife of the deceased, the accused had committed the murder of Shantharaju.
3. The entire case revolves around circumstantial evidence. Even the death of the deceased is suspicious. No specific opinion has been given by the Doctor in the post-mortem report. Only on the basis of suspicion, the accused has also been nabbed by the police and charge- sheet has been filed. The case against the accused has to be established by the prosecution by proving all the incriminating circumstances beyond reasonable doubt.
4. In the above facts and circumstances of the case, in my opinion, the petitioner has made out a ground for grant of bail, particularly, under Section 439 of Cr.P.C. Charge-sheet has already been filed and the accused is in judicial custody since the date of his arrest. Hence, the following order:
ORDER The Petition is allowed. Consequently, petitioner shall be released on bail in connection with Crime No.139/2018 of Doddabelavangala Police Station, Bengaluru City, registered for the alleged offences, subject to the following conditions:
(i) Petitioner shall execute a 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) Petitioner shall not indulge in tampering the prosecution witnesses.
(iii) Petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
(iv) 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.
Ordered accordingly.
Sd/-
JUDGE DH