IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2988/2019 BETWEEN:
Devikariyappa, S/o Gangaiah, Aged about 50 years, Lineman at Bescom, Residing at Vinyakanagar, Handanakere Village, Chikkanayakanahalli Taluk, Tumakuru District – 572 214. ... Petitioner (By Sri. Bipin Hegde, Advocate) AND:
State of Karnataka, By Handanakere Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.109/2018 (C.C. No.132/2019) registered by Handanakere Police Station, Tumakuru for the offences p/u/s 120B, 302, 201 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.109/2018 with respect to the offences punishable under Sections 302, 201 and 120B of IPC.
2. The case of the prosecution is that the mother of the deceased has filed a complaint stating that the deceased had gone to work and after work, left the house stating that he was going out. The complainant has stated that it had come to her knowledge that the deceased was along with accused No.2 till about 6.30 p.m. and thereafter had gone to his sister’s house at 7.30 p.m. It is further stated that later he was accompanied with C.W.2 and had gone to the house of C.W.5 and subsequently, left from there. It is stated that C.W.3 left along with deceased on his bike and dropped the deceased near the deceased’s sister’s house. Subsequently, the body of the deceased was found and complaint was lodged. FIR is registered and charge Sheet has been filed after investigation.
3. Learned counsel for the petitioner states that accused no.l has been enlarged on bail by order dated 18.07.2019 as per the order passed in Crl.P 3190/2019 and as the overt act as per the version of the prosecution in the charge sheet is as regards accused no.1, proof of alleged motive attributed to the petitioner is a matter for trial, also on the ground of parity, the petitioner is entitled to be enlarged on bail.
4. This court while enlarging accused no.1 on bail had observed that the case rests on circumstantial evidence as there is no witness who has seen the commission of offence and proof of offence is a matter to be established in trial. Though it is contended that voluntary statement of accused no.2 implicates accused no.2, contents of the said voluntary statement is to be proved in accordance with law during trial. The question of accused no.2 having motive, having hired accused no.1 to commit the offence is also a matter to be proved during trial. As investigation is complete, charge sheet has been filed and also there is recovery at the instance of accused no.1, the question of proof of offence is a matter for trial. Accordingly, petitioner is entitled to be enlarged on bail subject to conditions.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.109/2018 with respect to offences punishable under Sections 302, 201 and 120B 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) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall physically present himself and mark his attendance before the Station House Officer, Handanakere Police Station, Chikkanayakanahalli Circle, Tumakuru District, 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 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 Np/-