IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.3299 OF 2017 BETWEEN:
Ekanath, S/o Late Hallappa, Aged about 27 years, Occupation: Labourer, Hindu Bestha, R/at Bale Hosur Village, Shirahatti Taluk, Gadag-582 120.
Karnataka. ... Petitioner (By Sri. Mohan Kumar. D, Advocate) AND:
The State by Jigani Police Station, Reptd. by the Public Prosecutor, District and Sessions Court, Reptd. by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri. Chetan Desai, HCGP) This Criminal Petition is filed u/s 439 Cr.P.C praying to enlarge the petitioner on bail in Crime No.81/2016 of Jigani Police Station, Bengaluru District and S.C No.5031/2016 pending on the file of III Additional District and Sessions Judge, Bengaluru Rural District, sit at Anekal, for the offence P/U/S 201, 302 and120B of IPC.
This criminal petition coming on for Orders this day, the Court passed the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The petitioner (accused No.1) is charge sheeted by the respondent-police in Crime No.81/2016 in respect of offences punishable under Sections 201, 302 and Section 120(B) of IPC.
3. The case of the prosecution is that the petitioner/accused No. 1 and accused No.2 had illicit relationship with each other were residing together in a rented house at Bommandahalli village, Anekal taluk. The deceased Gudadaiah/Mylari, son of accused No.2 since objected their illicit relationship, they decided to finish him off. At wee hours of 26.04.2016, the petitioner dropped a size stone on the head of deceased while he was sleeping. Accused No.2 covered the face with plastic bag and made the dead body sit leaning to the corner, tied his hands and vacated the house.
4. The neighbourers on smelling stinking smell from the house, informed the police and the broke open the door and found the dead body in decomposed condition on 01.05.2016. The statement of the mother/ accused No.2 was recorded on 11.05.2016. On her voluntary statement, this petitioner was arrested on 22.07.2016. The neigbhourers identified that the deceased and both the accused, along with another son of accused No.2, were residing in the said house.
5. As per the statement of husband of accused No.2, on 26.04.2014 accused and her son returned to the village leaving behind the elder son. No incriminating material is seized at the instance of the petitioner by police and accused No.2 is on bail. Since investigation is complete, there is no impediment to allow the petition.
6. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.81/2016 registered by the respondent-Police subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one local surety for the likesum. In the alternative the surety who is employed in government servant or in any public organization.
(ii) He shall attend the Court regularly on all the dates of hearing.
(iii) He shall not tamper the prosecution witnesses.
In view of the disposal of the main petition, I.A.No.2/2017, does not arise for consideration. Hence, stands dismissed.
Sd/- JUDGE LL/DN