IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.1083/2019 BETWEEN:
Venkatesh, S/o Balaraj, Aged about 21 years, R/at Seethapura Kavalu, Gate Duglapura, Tarikere Taluk, Chikkamagalur District-577 101. (By Sri Pratheep K.C., Advocate) AND:
The State of Karnataka, Represented by Tarikere Police Chikkamagalur District Represented by its State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
…Petitioner …Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.241/2018 of Tarikere Town Police Station, Chikkamagaluru, for the offence punishable under Sections 302, 201, 396, 120(B) r/w 149 of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R This petition has been filed by the petitioner/ accused No.6 under Section 439 of Cr.P.C. to release him on bail in Crime No.241/2018 of Tarikere Town Police Station for the offences punishable under Sections 302, 201, 396, 120B r/w 149 of Indian Penal Code.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that the deceased was residing alone and was running a small provision shop. After death of her husband, she used to keep some money and gold ornaments in her shop. She was having a good business and was also running chit fund and money lending. It is further alleged that when she opened the door of the shop, accused persons came under the pretence that they are the coconut growers introduced themselves. On 17.8.2018 at about 11.00 p.m. knocked the door of the house of deceased and told her that they wanted to sell coconut. By believing the words of accused Nos.1 to 5, she opened the door and the said coconut bags were kept near the passage. She went and purchased and to pay the sale price of coconut, she was going towards her shop. At that time, accused No.1 followed her and shut her mouth with his hand. Accused Nos.2 to 5 held her hand and one of the accused assaulted on her ear with piece of asbestos sheet and another accused took the stone used for grinding and hit on the head of the deceased, because of which, she sustained grievous injuries and succumbed to the injuries. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the entire case rests on circumstantial evidence and there are no eyewitnesses to the alleged incident. Already charge sheet has been filed. The only allegation which has been made against the petitioner/accused No.6 is that he has hatched a plan and as per the complaint accused Nos.1 to 5 hatched the plan and committed the murder. He further submitted that only on the basis of the voluntary statement of accused No.2 subsequently accused No.6 has been apprehended along with other accused persons. He further submitted that even the recovery mahazar also indicates that all the gold and other articles have been recovered from the possession of accused No.2. He further submitted that there are no incriminating material to show that the petitioner/accused conspired with other accused persons and no overt acts and even the petitioner/accused was not present at the place of the alleged incident. He further submitted that he is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused is the master mind behind the said crime and he conspired with other accused persons hatched a plan and on the basis of the said plan, accused Nos.1 to 5 caused the murder of the deceased. He only told the other accused persons that the deceased was having the gold ornaments, he is the relative of the deceased. He further submitted that if the petitioner/accused is released on bail, he may tamper with the prosecution evidence and he may not be available for the trial. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the contents of the complaint and other materials the entire case rests on circumstantial evidence. The only allegation which has been made as against the petitioner/accused is that he hatched a plan and conspired with accused Nos.1 to 5 and in pursuance of the same accused Nos.1 to 5 entered the house of the deceased and they have assaulted the deceased with a grinding stone and also with piece of asbestos sheet and caused the death of the deceased. Investigation has been completed and charge sheet has already been filed. The petitioner/accused is not required for the purpose of investigation. Hence, I am of the considered opinion that, if the petitioner/accused is released on bail by imposing some stringent conditions, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.6 is ordered to be released on bail in Crime No.241/2018 of Tarikere Town police station for the offences punishable under Sections 302, 201, 396, 120(B) r/w 149 of Indian Penal Code, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall mark his attendance in the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
iv) He shall not leave the jurisdiction of the Court without prior permission.
v) He shall not indulge in similar type of criminal activities.
Sd/- JUDGE *AP/-