IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO. 4273 OF 2017 BETWEEN:
V.H.Srinivasa, S/o.Late H.Hallingappa, Aged about 50 years, No.617, 3rd Main, Maheshwari Nagara, Dasarahally, Bengaluru-560-057.
…Petitioner (By Sri.Chandrashekar Rep.,, Advocate for Sri.Hanumantharaya.C.H, Advocate) AND:
State by Hiriyur Town Police, Rep. by State Public Prosecutor, High Court Building Complex, Bangalore-560-001.
…Respondent (By Sri.S.Vishwamurthy, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C by the advocate for the petitioner praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in CR.No.3/2017 (C.C.No.190/2017) of Hiriyur Town P.S., Chitradurga District for the offence P/U/S 302, 201 R/W 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 petitioner and the learned HCGP for the first respondent.
2. The petitioner along with four others is charge sheeted by the respondent police in respect of the offences punishable under Sections 302, 201 read with Section 34 of Indian Penal Code.
3. The case of the prosecution is, the petitioner’s daughter is married to the son of the deceased. The deceased had lent Rs.40,00,000/- to the petitioner and was demanding for a document in respect of the loan transaction. The petitioner was not happy the way his daughter was treated in the matrimonial home: he persuaded the deceased to his house on 08.11.2016 and took him to his construction site, picked up quarrel with him and assaulted him with hallow bricks on his head with the assistance of Accused No.2. The dead body was bundled and buried in a pit dug for the purpose of safety tank behind the premises of the construction site.
4. Further on the arrest of the petitioner, Accused No.2 was also arrested and on his voluntary statement the dead body was exhumed and post mortem revealed that the deceased had suffered fracture of skull bone and also of the ribs. The final opinion about the cause of death is awaited.
5. As per the submission of the learned HCGP, the mortal remains of the dead body is not sent for DNA test. Accused No.2 is enlarged on bail by the order of this court on 24.04.2017.
6. The case of the prosecution rests on the circumstantial evidence. Since the investigation is complete, there is no impediment to allow the petition. Accordingly, the petition is allowed. The petitioner is enlarged on bail in Crime No.3/2017 of respondent-police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall attend the court on all hearing dates regularly and punctually.
(iii) He shall not terrorize the prosecution witnesses.
Chs* Sd/- JUDGE