IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7678/2019 BETWEEN YOGESHNAYAKA S/O GOVINDANAYAKA AGED ABOUT 19 YEARS RESIDENT OF KADARANAHALLY THANDYA URDUGERE HOBLI TUMKUR TALUK 572 216 TUMKUR DISTRICT (BY SRI. CHETHAN .B., ADVOCATE) AND ... PETITIONER STATE OF KARNATAKA BY CHELUR POLICE STATION TUMKURU DISTRICT – 572 216 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.36/2019 OF CHELUR POLICE STATION, TUMAKURU, FOR THE OFFENCE P/U/S 201, 302, 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.2 in C.C.No.518/2019 [arising out of Crime No.36/2019 of respondent-Chelur Police Station, Tumakuru District] for the offences punishable under Sections 302, 201 r/w.
34 of IPC, now pending on the file of Principal Civil Judge (Jr.Dn.) and JMFC court, Tumakuru District.
3. The brief facts of the case are that, the deceased- Dinesh was possessing a Car bearing No. KA.09.D.0676 and he used to run the car on rent basis and he was a owner-cum-driver of the said Car. The petitioner (A2) and accused No.1 with an intention to kill the deceased- Dinesh and to take away the car for wrongful gain, on 20.03.2019 invited the deceased for dinner on a bridge. Thereafter, all of them went together, reached the bridge near L.S. Quarry Gate at Koodli Cross, Hassan-Bengaluru Road, where Accused No.1 assaulted him with hammer on his head four to five times and the petitioner (A2) has throttled his neck with rope and both of them pushed the deceased to quarry near Koodli Cross and taken away his car. Due to the assault, the deceased sustained grievous injuries and died in the hospital. The petitioner and Accused No.1 have also caused disappearance of the evidence by throwing the blood-stained shirt of the accused No.1, the mobile of the deceased, purse and chappal in a lorry and thereby they have committed the offence punishable under Sections 302, 201 r/w. 34 of IPC. It is stated that, subsequently the said car and one hammer was recovered at the instance of the Accused No.1.
4. At present, except the recovery of said two incriminating articles, no material is available to show that, whether there are eyewitnesses to the incident. The whole case revolves around the circumstances of recovery and that has to be proved during the course of trial beyond reasonable doubt.
5. Learned counsel for the petitioner submits that the charge sheet is filed and since the date of arrest, the petitioner is in judicial custody.
6. In the above said facts and circumstances of the case, I am of the opinion that, the petitioner (A2) is not required for any custodial interrogation. Therefore, he is entitled to be enlarged on bail. Hence, the following, -
ORDER The Petition is allowed. Consequently, the petitioner (A2)-Yogeshnayaka shall be released on bail in connection with C.C.No.518/2019 [Crime No.36/2019 of Respondent Chelur Police Station, Tumakuru District] for the alleged offences, now pending before the court of Principal Civil Judge (Jr.Dn.) and JMFC, Gubbi, Tumakuru District, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent 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, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE