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.7930/2019 BETWEEN:
MR. SRINIVAS S/O. MR.NARAYANAPPA AGED 35 YEARS RESIDENT OF KUMBALAHALLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT PIN – 562114 (BY SRI I.S.PRAMOD CHANDRA, ADV.,) AND:
STATE OF KARNATAKA BY HOSAKOTE POLICE BANGALORE RURAL DISTRICT THROUGH THE STATE PUBLIC PROSECUTORS HIGH COURT BUILDING DR.AMBEDKAR VEEDHI BANGALORE - 560001 (BY SRI ROHITH B.J., HCGP) ... PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.307/2018 REGISTERED BY HOSAKOTE POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/S 302 AND 201 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, learned HCGP for respondent –State and perused the records.
2. Petitioner is arraigned as accused No.6 in Cr.No.307/2018 for the offences punishable under Sections 302, 201 read with 34 of IPC. A complaint came to be lodged by one Shanthamma on 14.06.2018 stating that on 13.06.2018, during night hours at 11:00 p.m. some people had tapped the door of their house situated at Lakkondanahalli, Kasaba Hobli, Hosakote Taluk, she opened the door and found three persons standing outside the said house and they had spoken with deceased Narayanaswamy, who is the husband of complainant and they went away and deceased Narayanaswamy also went along with them and he did not return to the home. At the wee hours at about 02:00 a.m., she came to know that said Narayanaswamy met with an accident and dead body of the said person was kept in the hospital. Immediately, she went to Hoskote hospital and observed the dead body of her husband and found lot of injuries on the dead body. Therefore, she lodged a complaint to ascertain the culprits.
3. During the course of investigation, police have arrested accused Nos.1 and 2 and recorded their statements. Infact accused Nos.1 and 2, are close relatives of the deceased. They infact administered some sleeping pills to the deceased and they hired accused Nos.4, 5, 7, 8 & 9 for the purpose of committing murder of Narayanaswamy. The role adverted to accused No.6/petitioner is that on that particular day, he only provided some liquor to the accused persons and after the incident, he has helped them to pledge the gold articles which were taken away in the house of Narayanaswamy etc., Looking to the above said facts and circumstances, there is no direct involvement of the petitioner and whether the petitioner had the common intention as that of other accused persons in order to commit murder of Narayanaswamy, has to be established during the full receipt trial. The only allegation against accused No.6/petitioner is that he facilitated other accused by providing liquor and also helped them in pledging the gold articles. This aspect of the matter has to be proved beyond reasonable doubt during the full receipt trial.
4. Under the above said circumstances, considering the role of petitioner, the petitioner is entitled to be enlarged on bail as he has already arrested in this case and interrogated and presently he is in judicial custody, which indicates that the petitioner is not required for further investigation. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.307/2018 of Hosakote Police Station pending on the file of Principal Civil Judge (Jr.Dn.,) & JMFC Court, Hosakote, Bangalore Rural district, registered against him for the offence punishable under Sections 302, 201 read with 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in hampering investigation or tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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.
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE HJ