IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.9689/2018 Between:
1. Ashoka, S/o Papanna, Aged about 23 years, Occ: Driver, R/o D.No.1887/38, Kundawada Road, 1st Main, 2nd Cross, Vinayaka Nagara, Davangere – 577 003.
2. Shilpachari, S/o Sanna Veerachari, Aged about 22 years, Occ: Working in Honda Company, R/o Vinayaka Nagara, ‘A’ Block, 1st Main, 2nd Cross, Davangere – 577 003. … Petitioners (By Sri K.N. Jayaprakash, Advocate) And:
The State of Karnataka, Vidyanagara Police Station, Davanagere, Reptd. by its S.P.P., High Court Building, Bengaluru – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioners on bail in Cr. No.119/2018 of Vidyanagar Police Station, Davanagere for the offences p/u/s 302, 201, 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 are seeking to be enlarged on bail in connection with their detention pursuant to the proceedings in Crime No.119/2018 for the offences punishable under Sections 302 and 201 read with Section 34 of IPC.
2. The case of the prosecution is that the complainant is the brother of deceased had lodged the complaint stating that his brother was working in Go Gas Bunk, Davanagere and subsequently left the work and was unemployed. It is stated that the accused were addicted to alcohol and the deceased would move alognwith them. It is stated that on 10.07.2018 at 9.30 to 10.00 a.m., the deceased had left his house stating that there was some work with the accused and would attend the birthday function of his friend Annappa. Thereafter, an information was received by the complainant that his brother Bharath was murdered. On the basis of the said incident, complaint was lodged, FIR is registered, investigation is complete and charge sheet has been filed.
3. The learned counsel for the petitioners submits that the case rests on circumstantial evidence and none has witnessed the commission of crime. It is further stated that the deceased himself was the aggressor and had attacked the petitioners at the first instance and the said fact is adverted to in the charge sheet. Hence, it is contended that proof of offence being matter for trial, the petitioners are entitled to be enlarged on bail.
4. Taking note of the assertion of learned counsel for the petitioners that there are no criminal antecedents and the said assertion remains uncontroverted and observing that the case rests on circumstantial evidence, the proof of offence being a matter for trial and in light of contention of learned counsel for the petitioners that the deceased himself was the aggressor, which also requires to be proved during trial, noticing that the present proceedings cannot be treated to be punitive in nature, petitioner has made out a case for being enlarged on bail.
5. In the result, the bail petition filed by the petitioner under Section 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.119/2018 for the offences punishable under Sections 302 and 201 read with Section 34 of IPC, subject to the following conditions:-
(i) Each of the petitioners shall execute personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioners shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioners shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) The petitioners shall physically present himself and mark their attendance before the concerned Station House Officer once in a month between 10.00 a.m. and 5.00 p.m., till conclusion of the trial.
(vi) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR