IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No. 4700/2019 BETWEEN :
VINAY KUMAR BHAGAT S/O JALESHWARM BHAGAT AGED ABOUT 31 YEARS R/AT. No. PRERANA TAKUR APARTMENT HORAMAVU MAIN ROAD BANGALORE-560043. … PETITIONER (BY SRI SIRAJUDDIN AHMED, Adv.) AND :
STATE BY RAMAMURTHY NAGAR P.S.
REPTD. BY HCGP HIGH COURT OF KARNATAKA BANGALORE CITY 560001. … RESPONDENT (BY SRI HONNAPPA, HCGP) ---
This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No. 13/2019 of Ramamurthy Nagar Police Station, Bengaluru for the offence P/U/S 302 of IPC.
This Criminal Petition coming on for Orders this day, the Court passed the following;
O R D E R Heard the learned counsel for petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
2. The charge sheet filed against the petitioner discloses that the accused and the deceased Geetha Devi who is none other than the wife of the accused/ petitioner have been residing together and they were blessed with three children. It is alleged that they were residing in Prerana Trakul Apartment. They were quarreling with each other due to some family differences between themselves and inspite of advice from elders they continued with their differences. In this background it is alleged that on 13.01.2019 in the morning at about 05.00 am the dead body of the deceased was found in the parking lot of the said apartment sustaining injuries to head, neck and other parts of the body. The people who are residing in the said apartment gathered there and the accused disclosed that some two persons assaulted his wife due to which she sustained injuries. The Police suspecting the conduct of the accused during the course of investigation found that the accused is the person who has committed the murder of his wife. Therefore, the police filed charge sheet. The accused has at the earliest point of time disclosed that his wife was assaulted by some two persons but he did not lodge any complaint as such. Further, no evidence has been collected by the Police regarding the statement of the neighbors of the said house of the accused to show that they were actually residing together on that particular day and accused was also present on 12.01.2019 in the said house. Statement of only one witness was recorded after long lapse of time, that is, more than one and half months by name Sri. Gangireddy who has sated that on 12.01.2019 at 11.00 pm the accused and the deceased were quarreling with each other. The same has to be established during the course of full dressed trial.
3. Of course there are three children to be taken care of by the petitioner. Looking to the above said facts and circumstances the entire case revolves around circumstantial evidence. The circumstances have to be proved beyond reasonable doubt by the prosecution during trial. The incident has occurred not in the house but in the parking lot of the said building. Therefore, in my opinion, the petitioner is entitled to be enlarged on bail particularly under Section 439 Cr.P.C. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 13/2019 of Ramamurthy Nagar Police Station in C.C. No. 52800/2019 on the file of 10th Additional CMM Court, Mayohall, Bangalore city, registered for the offence punishable under Section 302 IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One lakh only) with Two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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.
LRS Sd/- JUDGE.