Karnataka High Court
Sri. Sunil M C @ Arjun vs State By on 18 January, 2017
Author: Rathnakala
Bench: Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18th DAY OF JANUARY 2017
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.9151/2016
BETWEEN:
SRI SUNIL M.C. @ ARJUN
S/O CHANDRASHEKAR @ CHANDRU
AGED ABOUT 28 YEARS
R/A RAMPURA VILLAGE
KASABA HOBLI
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 562 138. ...PETITIONER
(BY SRI BASAVARAJU P., ADV.)
AND:
STATE BY
KUVEMPUNAGARA POLICE STATION
MYSORE CITY,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001. ...RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.51/2016 (S.C.NO.247/2016) OF KUVEMPUNAGAR P.S.,
MYSURU DISTRICT FOR THE OFFENCES P/U/S 302 AND 201 R/W
34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent.
2. The respondent-police have charge sheeted the petitioner in their Cr.No.51/16 in respect of the offence punishable under sections 302, 201 r/w section 34 of IPC.
3. The allegation is, deceased Smt.Rakshita, wife of the complainant CW-1 came in contact with the petitioner(A-1) while she took driving training from him. On coming to know about her personal details, he sneaked into her house on 11.3.2016 during morning hours, assaulted her, arrested her breath, thus done her to death. He packed her dead body in a suitcase, looted the valuables from the house and carried the said suitcase in the Activa Honda Scooter belonging to the deceased's family. He procured petrol, traveled in a taxi with the packed dead body, contacted his father (A-2), joined him at -3- Channapatna, proceeded further to an isolated place within the jurisdiction of Akkur police station, doused kerosene and set ablaze the dead body. The incident has occurred on 11.3.2016. The dead body was found on 16.3.2016. After inquest mahazar and post mortem report, by retaining some mortal remains for scientific examination, body was buried by police.
4. The petitioner was arrested on 24.3.2016. As per the properties seizure memo found among charge sheet papers, some of the articles belonging to the deceased are seized. But the seizure memo is not supported by recovery mahazar. The dead body is not identified. However, the Doctor who conducted the post mortem assess the approximate length of the body as 133 cms, but as per the missing complaint, the height of the deceased was 5.1 feet and these details do not match with each other. The DNA test report may throw some light on the offence, but still it is awaited. Since the entire case of the prosecution rests -4- on circumstantial evidence, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.51/2016 of respondent-police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the concerned Court.
The sureties shall produce their
original title deeds pertaining to the
immovable properties and their
identity/Aadhar card for perusal of the Court.
The sureties shall not have the previous history of offering surety to the accused of any other criminal case.
(ii) He shall attend the court regularly on all hearing dates and shall not threaten the prosecution witnesses.
Sd/-
JUDGE Dvr