IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3599/2019 BETWEEN:
1. Palaiaha, Aged 25 years, S/o Nooni Palaiah, 2. Prasad, 31 years, S/o Nooni Palaiah, Both are residents of Dalavayihalli Village-561 202. Pavagada Taluk, Tumkuru District (By Sri.Patel D. Karegowda, Advocate) AND:
State by Y.N.Hosakote Police, Pavagada Taluk, Represented by State Public Prosecutor High Court of Karnataka, Bangalore-560 001.
(By Sri.Honnappa, HCGP) …Petitioners …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.80/2018 of Y.N.Hosakote P.S., Tumakuru District for the offence p/u/s 302, 201 read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and learned HCGP for the respondent-State. Perused the records.
2. Petitioners are arraigned as accused Nos.1 ad 2 in Crime No.80/2018 of Y.N.Hosakote Police Station for the offences punishable under Sections 302, 201 read with Section 34 of IPC, later culminated into charge-sheet in CC.No.790/2018.
3. Brief facts of the case are that a person by name Ramesha, lodged a complaint stating that his brother-Maruthi, aged about 32 years was also residing with them at Dalavayhihalli. He was grazing sheep. The said Maruthi had married to Shoha and they had two sons out of marriage wedlock. On 22.08.2018 the complainant came to know from one Venkatesha, S/o Palaiah that some persons have committed the murder of Maruthi. Complainant immediately went and saw the dead body of deceased-Maruthi near the land of one Mallikarjuna lying in between stones (Karekallu Gundu). On the basis of this, respondent-Police have registered the case and investigated the matter and submitted charge-sheet.
4. It is alleged that the said Maruthi was addicted to Alcohol and every day he used to come fully drunk and used to abuse the family members including the petitioners herein. The petitioners are none other than relatives of said Maruthi i.e. brothers of deceased Maruthi’s wife Shobha. In this background, on careful perusal of the charge-sheet, it is seen that on 22.08.2018, just one day prior to the murder, there was some galata between accused persons and deceased-Maruthi. In fact, Maruthi himself abused accused persons near Temple and threatened them with dire consequences of killing them. On the next day itself, the dead body of Maruthi was found. So far as the previous incident is concerned, there is eye witness to the incident by name Venkatesh. Except that, there is recovery of one Axe at the instance of accused No.1, which was stained with blood and tallies with the blood group of the deceased. The other material available is extra judicial confession alleged to have been made by accused Nos. 1 and 2 before Shoba who is none other than wife of deceased-Maruthi.
5. On careful perusal of the statement of witnesses, it clearly discloses that on the day of incident deceased himself was holding an axe in his hand and chased accused Nos.1 and 2 by threatening them with dire consequences of killing them. In this context, it is alleged to have stated by accused Nos.1 and 2 that the said Maruthi fell down on the ground and these two accused persons have strangled his neck with rope. In the above said circumstances, police have filed a charge-sheet.
6. There are two strong circumstances i.e. one on the previous day of the incident and the incident occurred on the day of murder of the deceased and second one is extra judicial confession and recovery of weapon. At this stage the records shows that deceased himself threatened accused persons with dire consequences of killing them and chased them with an Axe. Recovery of axe has to be proved during the course of full dressed trial. It appears that, the incident happened as per the statement of Shobha. Therefore, looking the above said facts and circumstances, it is very difficult at this stage to draw an inference with regard to accused persons, that they really had any intention to take life of the deceased-Maruthi or circumstances forced them to commit the offence and the said offences falls under Sections 302 or 304 part (1) or (2) of IPC, it has to be examined during the course of full dressed trial.
7. Under the above said circumstances, when the case is surrounded with circumstantial evidence and there is no eye witness to the incident and considering the nature of allegations and facts of the case as well as relationship between the parties, in my opinion the petitioners are entitled to be enlarged on bail. Hence, the following ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with (Crime No.80/2018 of Y.N.Hosakote Police Station, registered against them for the offences punishable under Sections 302, 201 read with Section 34 of IPC subject to the following conditions:
(i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each ( Rupees one lakh only) with Two sureties for the like-
sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
(v) The petitioners shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE SB