IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.1780/2017 BETWEEN THIMMAIAH S/O LATE KALAIAH AGED ABOUT 60 YEARS RESIDING AT HEGGADAGERE VILLAGE BIDADI HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT – 571 511.
(BY SRI S.G. LOKESH, ADV.) AND ...PETITIONER STATE BY BIDADI POLICE STATION REPRESENTED BY STATE P.P. HIGH COURT OF KARNATAKA BENGALURU – 560 001.
(BY SRI S. VISHWA MURTHY, HCGP) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.231/2016 OF BIDADI P.S., RAMANAGARA DISTRICT FOR THE OFFENCES P/U/SS 302 AND 201 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner along with his two family members is charge sheeted by the respondent-police in Crime No.231/2016 in respect of offences punishable under Sections 302 and 201 read with 34 of IPC.
2. The allegation is that the petitioner had an issue with his wife/deceased Manjula over money matter, like-wise each of the co-accused were inimical against the deceased lady. On 02.04.2016 during night hours, petitioner assaulted the deceased with a chopper; at the same time co-accused also joined him and assaulted the deceased. Thereafter, they buried the body with an intention to screen the offence.
3. Learned counsel for the petitioner submits that this petitioner was not residing with his wife/deceased for the long time and he further submits that the petitioner is ready to abide by any conditions that may be imposed on him.
4. Learned HCGP while opposing the petition submits that at the instance of petitioner dead body was exhumed. Being the husband of the deceased the matter having taken place in his own house, the burden shifts on him to explain occurrence during crime. If he is enlarged on bail, he will disappear, thereby hamper the investigation.
5. Having perused the charge sheet papers it emanates that it is not the stage to invoke the provision under Section 106 of Evidence Act to call upon the petitioner to explain the circumstance. Having regard to the fact that the petitioner is not a habitual offender and a person of known identity and address and the investigating having been completed, there is no impediment to allow the petition.
6. Hence, the petition is allowed. The petitioner is enlarged on bail in Crime No.231/2016 registered by the respondent-police, subject to the following conditions:
(1) He shall execute a personal bond for Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Court.
(2) He shall attend the Court regularly on all hearing dates.
(3) He shall not terrorize or prevail upon the prosecution witnesses.
Sbs* Sd/- JUDGE