IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6985 OF 2018 C/w CRIMINAL PETITION NO.4143/2018 In Crl.P.No.6985/2018 BETWEEN:
Thippeswamy @ Thippeshi @ Virat, S/o Sannarangaiah, Aged about 22 years R/at Gopagondanahalli Village, Vaderahalli Post, Kasaba Hobli, Madhugiri Taluk.
Tumkur District-572 312.
(By Sri.Vijay Singh.M., Advocate for Sri.Chethan.B., Advocate) AND:
1. State by Madhurigi Town Police, Madhugiri-572 312 Tumkur Represented by State Public Prosecutor High Court of Karnataka Bangalore-560 001 …Petitioner 2. Raghu.M., S/o Mallappa, Aged about 42 years, R/at VRS Temple Road, Madhugiri Town, Tumkur District-572 312.
3. Smt.Nagamani, W/o Srinivas @ Seenappa, Aged about 52 years, R/o Mekebande, Madhugiri Town, Madhugiri 572 312.
4. Ganesh, S/o Nagamani and Srinivas @ Seenappa, Aged about 18 years, R/at Mekebande, Madhurigi Town, 572 312 Madhugiri.
...Respondents (By Smt.Namitha Mahesh B.G., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.222/2017 of Madhugiri Police Station, Tumakuru for theoffences P/U/S 302, 201 read with Section 34 of IPC and Sec.3(2) (5) of SC/ST (POA) Act, 1989.
In Crl.P.No.4143/2018 BETWEEN:
Saikumar, S/o Shivanna, Age: 21 years, Residing of K.R.Extension, Madhugiri Town, Madhugiri Taluk 572 132 Tumkur District, Karnataka.
(By Sri.Dore Raj, Advocate) AND:
1. State of Karnataka, Represented by PSI Madhugiri Police Station, Madhugiri Taluk 572 132 Tumkur District Karnataka Rep.by SPP, High Court of Karntaka, Bangalore-01.
2. Nagamani, W/o Seenappa, Aged about 45 years, 3. Ganesh S/o Seenappa, Aged about 18 years, Respondent Nos.2 & 3 residing at mekebande, Madhugiri Town, Madhugiri Taluk-572 132 Tumkur District, Karnataka.
…Petitioner …Respondents (By Smt.Namitha Mahesh.B.G., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime.No.222/2017 of Madhugiri Police Station, Tumkuru District for the offence P/U/S 302, 201 read with Section 34 of IPC and Sec.3(2)(Va) of SC/ST (POA) Act.
These Criminal petitions coming on for Orders, this day, the Court made the following:
ORDER Petitioners are accused Nos. 3 and 5 in crime No.222/2017 of Madhugiri Police Station, Tumakuru. Petitioners and four others were charge-sheeted in crime No.222/2017 for the offences punishable under Sections 302, 201 read with Section 34 of IPC.
2. The case of the prosecution is as follows:
On 16.12.2017 at 11 PM near the land of CW1 situated near Madhugiri by-pass road, due to some previous ill-will, accused Nos.1 to 3 assaulted Mahantesh with longs and rod and accused Nos.4 to 6 trampled him and committed his murder. At the time of offence, Mahantesh was inebriated. To screen the evidence of offence, the accused shifted the dead body near Kataganahatti and dropped the same into the well situated in the land of CW1.
3. As per the Post Mortem report, the death is homicidal one. Initially, CW1 files an unnatural death report before Madhugiri Police after noticing dead body in the well. Thereafter, CW5 to 7 said to have given statements before the Investigating Officer that on 16.12.2017 when they were consuming liquor, near the scene of offence they found accused Nos.1 to 5 and another person assaulting some person and allegedly they have given further statement identifying the accused and victim Mahantesh.
4. The whole case is based on the evidence of the aforesaid eye witnesses and alleged recovery of the weapons and blood stained clothes of accused No.3 at his instance. As per statement of CW5 to 7, they had consumed liquor while witnessing the alleged incident. The crime had taken place at 11 pm. CW5 to 7 did not state how they witnessed the incident during the night hours.
5. As per the sketch of scene of offence, there was an electric poll at a distance around 22 meters from the scene of offence. CW5 to 7 state that they were sitting near one Dandimaramma temple and from there, they witnessed the incident. In the sketch of scene of offence, no such temple is shown.
6. Even CW5 to 7 state that they had consumed the liquor. Whether they were in a position to observe and grasp the scene and were able to identify the victim and assailants cause the doubt at this stage. Under these circumstances, these are fit cases to grant bail with suitable conditions.
Therefore, the petitions are allowed. The petitioners/accused Nos.3 and 5 are granted bail in Crime No.222 of 2017 of Madhugiri Police Station, subject to the following conditions:
1) The petitioners shall execute personal bonds in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Magistrate/Court for their appearance;
2) They shall appear before the Court as and when required for the purpose of enquiry /trial;
3) They shall not tamper the prosecution witnesses by threats, inducement or otherwise;
Sd/- JUDGE SB/-