IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4881/2019 Between:
Revanna, S/o Nagaraju, Aged about 28 years, Residing at Chikkenahalli, Kailancha Hobli, Ramanagara Taluk, Ramanagara District – 562 159. … Petitioner (By Sri Veeranna G. Tigadi, Advocate for Sri Ramesha H.N., Advocate) And:
The State of Karnataka, By Ramanagara Rural P.S., Rep. by Special Public Prosecutor, High Court of Karnataka, 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 petitioner on bail in Cr. No.527/2017 of Ramanagara Rural Police Station, Ramanagara for the offences p/u/s 302 and 392 r/w Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner-accused No.2 is seeking to be enlarged on bail in connection with the proceedings in Crime No.527/2017 (C.C.No.21/2019) for the offences punishable under Sections 302 and 394 read with Section 34 of IPC.
2. The case of the prosecution is that a complaint was lodged by the complainant in respect of death of his wife on 17.12.2017. Initially, the respondent Police had registered a UDR bearing UDR No.39/2017. Subsequently, during the course of investigation, the respondent Police have conducted inquest. The body of the deceased was sent for postmortem and the doctor, who had conducted autopsy had opined that death was due to respiratory obstruction due to collection of blood and blood clots in the larynx, trachea, branchi and broncioles secondary to the trauma caused to the left lung. After investigation charge sheet has been filed implicating the accused Nos.1 and 2 for the aforestated offences.
3. The learned counsel for the petitioner states that except for the voluntary statement of the petitioner, there is no evidence that would implicate the petitioner and hence, the version of the prosecution in the charge sheet cannot be accepted and proof of the offence is a matter for trial. It is further stated that none have seen the actual commission of crime and the case rests on circumstantial evidence. It is further stated that the petitioner is in custody since 21.02.2019.
4. The learned counsel for the petitioner also states that the version in the charge sheet would also assign a grave role as regards accused No.1 is concerned, but the case against accused No.2 is a matter to be established during trial.
5. Taking note of the fact that the case rests on circumstantial evidence despite the statement that there are criminal antecedents as regards the petitioner, the strength of the case on hand is a matter that requires primacy in consideration. The investigation is complete and charge sheet has been filed. The proof of offence is a matter for trial. The allegations are grave as regards accused No.1, but as regards accused No.2 the nature of allegations made and role of the petitioner in commission of crime is a matter to be established during trial.
6. The learned counsel for the petitioner also relies on the document at page No.39 of the petition, which indicates that petitioner’s wife has conceived and is expected to give birth to a child on 21.08.2019.
7. 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.527/2017 (C.C.No.21/2019) for the offences punishable under Sections 302 and 394 read with Section 34 of IPC, subject to the following conditions:-
(i) The petitioner shall execute a 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 petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) The petitioner shall physically present himself and mark his 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.
(v) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(vi) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vii) Any violation of the aforementioned conditions by the petitioner, 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