IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8599 OF 2018 BETWEEN:
MAHALINGA, AGED ABOUT 36 YEARS, S/O NANJUNDAIAH, #5, II CROSS, II MAIN, SUGGAPPA LAYOUT, LAGGERE, BENGALURU – 560 058.
(BY SRI. K.LAKSHMIKANTH, ADV.,) AND:
STATE BY NANDINI LAYOUT POLICE STATION, BENGALURU. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU – 560 001.
(BY SRI. K.P.YOGANNA, HCGP) ... PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.311/2018 OF NANDINI LAYOUT P.S., BANGALORE FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard. Perused the records.
2. On the complaint lodged by one Sri.Manu U.P, S/o Puttaswamy Gowda stating that his sister and her husband Kapini Gowda were residing together. The said Kapini Gowda was running a car bearing registration No.KA-05/AE-3995 to Ola company. On 17.05.2018, he found the dead body of said Kapini Gowda on the back seat of the said car when the said car was parked near his house. They found blood stains on the shirt’s collar of the deceased. Therefore, he lodged a complaint to the police to take action which came to be registered in Crime No.311/2018 for the offences punishable under Section 174(C)(3) of Cr.P.C (subsequently converted into offence under Section 302 of IPC).
3. Thereafter it appears that during the course of investigation, the police found that accused Nos.1 to 3 and the deceased were consuming alcohol in a shop situated at Laggere main road in Muneshwara extension, Bengaluru and due to influence of alcohol, accused Nos.1 to 3 and the deceased quarreled with each other which ended up in smothering over the neck of the deceased by the accused persons and due to which, he died in the car itself. Thereafter, they brought the car and parked the same near the house of the deceased and therefore it is alleged that accused Nos.1 to 3 have committed the above said offences.
4. The above said facts and circumstances of the case shows that it is the circumstantial evidence case.
5. Learned High Court Government Pleader pointed out that there are eye witnesses who have seen the accused and the deceased while quarreling with each other and accused assaulting the deceased.
6. Learned counsel submitted that statement of those witnesses were recorded after the evidence of the accused. Even last seen together circumstance is proved beyond reasonable doubt. But without the other corroborative materials to connect the same, still the circumstances of last seen together is not forthcoming, the above said submission of the learned counsel has to be accepted at this stage.
7. Apart from the above, learned counsel also produced an order passed by the learned LXVI Additional City Civil and Sessions Judge in SC No.1850/2018 dated 23.01.2019, wherein accused No.2 has already been released on bail. As the allegation made against all the accused persons are one and the same, on the ground of parity also, petitioner is entitled to be enlarged on bail. Hence, the following;
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.311/2018 registered by Nandini Layout Police Station, Bengaluru for the offence under Section 302 r/w Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rs. One lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE GH