IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No. 5560 OF 2019 BETWEEN:
Venkatesh S/o. Late Shankrappa, Aged about 38 years, R/at Jopadigalli, Kumaraswamy Layout, Bengaluru-560098.
(By Sri. Pratheep K.C., Advocate) AND:
The State of Karnataka, Rep. by Ajjampura Police, Chikkamangaluru District Rep. by its State Public Prosecutor High Court of Karnataka Bengaluru-01.
(By Sri. Rohith B.J., HCGP) ...Petitioner …Respondent This Criminal Petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.27/2019 of Ajjampura Police Station, Chikkamagaluru, for the offence punishable under Sections 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 petitioner and the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.2 in Crime No. 27/2019 for the offence punishable under sections 302, 201, read with section 34 of IPC. The allegation is that all the accused persons have joined hands with each other in order to commit the murder of one Manjula who is none other than the wife of the first accused. The allegations as per the charge sheet is that accused Nos.1 and 3 and the deceased were residing together. Accused No.1 was not happy with his wife and therefore often requested the present petitioner to advice his wife and in fact about 10 days prior to the incident, this petitioner had been to the house of the accused Nos.1 and 3 and advised the deceased to co-
operate with accused Nos. 1 and 3. It is alleged that on 1.2.2019 the accused Nos. 1 to 3 were present in the house of accused No.1 and in fact the deceased abused accused No.1. In this context it is alleged that accused No.2 assaulted Manjula and thereafter strangulated her neck and all the accused have committed the murder of Manjula. Admittedly, accused No.2 has been residing at Bengaluru.
3. The case revolves around circumstantial evidence. Learned counsel for the petitioner submitted that except the voluntary statement of accused No.1, there is nothing to indicate that on the particular date of incident, accused No.2 had been to the house of accused No.1. Therefore, looking into the facts and circumstances of the case, during the course of trial it has to be established beyond reasonable doubt the presence of accused No.2 in the house of accused Nos. 1 and 3 on the particular date of incident and the overt act alleged against him. In the present circumstances, the statement of the accused No.1 is not helpful to the prosecution bereft of other materials. Hence, the following: -
O R D E R The Petition is allowed. Consequently, the petitioner (A2) shall be released on bail in connection with Crime No. 27/2019 of Ajjampura Police Station, Chikkamangaluru, for the offence punishable under sections 302 and 201, read with section 34 of IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE ckl