IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4846/2019 BETWEEN:
1. SYED EHASAN @ MANI S/O LATE.SYED NOOR AGED ABOUT 46 YEARS OCC: DRIVER 2. SMT. RASHEEDA W/O SYED EHASAN @ MANI AGED ABOUT 38 YEARS BOTH ARE RESIDENTS OF KRISHNAPURA VILLAGE, MASTHI HOBLI, MALUR TALUK KOLAR DISTRICT-563101.
…PETITIONERS (BY SRI.VEERANNA G. TIGADI, ADV.) AND:
STATE OF KARNATAKA REP. BY SUB-INSPECTOR OF POLICE MASTHI POLICE STATION MALUR TALUK, KOLAR DISTRICT REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BENGALURU-560 001.
(BY SRI.HONNAPPA, HCGP.) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.510/2018 (S.C.NO.72/2019) REGISTERED BY HOSAKOTE POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 AND 201 READ WITH 34 OF IPC.
THIS 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. A charge sheet has been laid against the petitioners for the offence punishable under Sections 302 and 201 of IPC and subsequently, after committal proceedings, sessions case has been registered in S.C.No.72/2019.
3. Brief facts of the prosecution case is that accused No.2-Rasheeda is the wife of the accused No.1. It is the case of the prosecution that the deceased Afroz Pasha had developed some intimacy with accused No.2 which came to the knowledge of accused No.1 and infact, he warned the deceased not to continue the said attitude. Inspite of that, he continued the said relationship. Infact, accused Nos.1 and 2 have decided to do away with the life of the deceased. In this background, it is alleged that on 3.1.2018, accused No.2 called the deceased to her house stating that accused No.1 was not there in the house on that day. Believing the said version, the deceased came to the house of accused Nos.1 and 2 on 3.1.2018 at about 10.30 p.m. in his Tata ACE vehicle bearing registration No.KA-19-B-4641. The accused Nos.1 and 2 taking the advantage of the said situation, particularly accused No.1 assaulted the deceased with pickaxe on his head, due to which the deceased sustained severe injuries and succumbed to the injuries. The accused No.2 also assisted the accused No.1 by holding the deceased so as to enable the accused No.1 to assault the petitioner. It is also the case of the prosecution that in order to conceal their action, accused Nos.1 and 2 took the dead body in the said Tata ACE vehicle belonging to the deceased and left the said vehicle along with the dead body within the jurisdiction of Hoskote Police Sttion.
4. On perusal of the entire charge sheet, the police found the dead body in the vehicle near Hoskote road and they searched for the relatives. The complainant, Firoz Pasha, who is none other than the brother of the deceased identified the dead body and lodged a complaint.
5. The entire case revolves around circumstantial evidence. The two major circumstances projected by the learned HCGP are that the accused was last seen going inside the house of the accused persons and thereafter recovery of pickaxe from the accused No.1.
6. The learned counsel appearing for the petitioners brought to the notice of this court that though the last seen theory has been projected by the prosecution, that the statement of the last seen witness particularly Syed Khadeer and others are recorded after much deliberation on 15.12.2018 i.e., after long lapse of more than 1½ months. Further added to the above, the pickaxe seized from the accused did not have any blood stains on it.
7. Looking to the above said circumstances, the prosecution has to prove beyond reasonable doubt by establishing cogent and convincing circumstances during the course of the trial. The dead body was not found in the house of the accused No.2, but it was found somewhere else. Therefore, under the facts and circumstances of the case, the petitioners are entitled to be enlarged on bail. Hence, the following:-
O R D E R The petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.510/2018 of Hoskote Police Station (S.C.No.72/2019 on the file of the I Addl. Sessions Judge, Kolar) registered for the offences punishable Sections 302 and 201 of IPC, subject to the following conditions:
(i) Each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety 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.
Sd/- JUDGE DM