Karnataka High Court
Nagappa S/O. Bharamappa Harijan vs The State Of Karnataka on 20 December, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 20 T H DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102341/2021
BETWEEN:
1. Nagappa
S/o. Bharamappa Harijan
Age: 55 years,
Occ: Agriculture
R/o. Kerikoppa,
Tq: Haveri
Dist. Haveri 581 213.
2. Manjappa
S/o. Mallappa Uppar
Age: 38 years,
Occ: Agriculture
R/o. Kerikoppa,
Tq: Haveri
Dist. Haveri 581 213.
3. Manjappa
S/o. Neelappa Kokkaragundi
Age: 42 years,
Occ: Agriculture
R/o. Kerikoppa,
Tq: Haveri
Dist. Haveri 581 213.
2
4. Kenchappa,
S/o. Nagappa Agasibagil
Age: 55 years,
Occ: Agriculture
R/o. Kerikoppa,
Tq: Haveri
Dist. Haveri 581 213.
... PETITIONERS
(By Sri. Vidyashankar G. Dalwai, Advocate)
AND:
The State of Karnataka by
Its P.S.I, Guttal Police Station
Haveri Circle
Represented by
State Public Prosecutor
High Court Building,
Dharwad.
... RESPONDENT
(By Sri. Ramesh B. Chigari, HCGP)
This criminal petition is filed under Section 439
Cr.P.C. seeking to grant bail to petitioners No.1 to 4
/arrayed as accused Nos.4, 5, 6 and 8 respectively, in
Crime No.113/2021 of Guttal Police Station, Haveri Circle,
for the alleged offences punishable under Sections 302,
201 R/w. Section 149 of IPC, which is pending on the file
of Court of Addl. Civil Judge (Jr.Dn.) and JMFC Court, At
Haveri.
This criminal petition coming on for orders this day,
the Court made the following:
3
ORDER
Accused Nos.4, 5, 6 and 8 have filed this petition under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.113/2021 of Guttal Police Station, registered for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, one Kenchavva W/o. Bharamappa Uppar of Chinnamulagund village of Hirekerur, has filed a complaint on 25.09.2021, stating that her daughter deceased Shekhavva, was given in marriage to her brother Hanumantappa Uppar of Kerikoppa village about 13 years ago. Her daughter deceased Shekhavva had gone with 4 one Ningappa Harijan of Kerikoppa village and later, on coming to know that they were in Bengaluru, she was brought back and kept at her parental place for one year. Later, again she was in the habit of going with some person. About 20 days ago, her daughter left the house and on enquiry found in Chinnamulagunda Tanda with some person. As such, she and her husband advised her. Later 15 days back, she came to Kerikoppa village, her brother Hanumanthappa (accused No.1) told that her daughter is wandering in fields of Kerikoppa village. When they searched, she could not trace her. When they came to know that her son Basavar (accused No.2) and her brother Hanumantappa (accused No.1) committed murder of her daughter Shekavva on 20.09.2021 at 6.30 pm by strangulation. 5 The said complaint came to be registered against accused Nos. 1 and 2 for offences under Sections 302 and 201 Read with Section 34 of the IPC. On 26.09.2021, the police arrested accused No.2 Basavaraj and recorded his voluntary statement, where it is stated that other six persons assisted them to burn the dead body by supplying firewood at burial ground at Kerikoppa village. On the same day, police arrested accused Nos. 3 to 8 and remanded to judicial custody.
Petitioners/accused Nos. 4, 5, 6 and 8 have filed Criminal Miscellaneous No.594/2021 seeking bail and the same came to be rejected by the I Additional District and Sessions Judge, Haveri by order dated 09.04.2021. Therefore, the petitioners are before this Court seeking bail.
6
3. Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.
4. It would be the contention of the learned counsel for the petitioners that the main allegation of murder of the deceased Shekhavva is by accused Nos. 1 and 2, who stated to have strangulated and killed her. The allegation against the petitioners is that, they at the instance of accused Nos. 1 and 2, brought the firewood in the burial ground and gave them to accused Nos. 1 and 2, who burnt the dead body of deceased Shekhavva by using the said firewood. It is his further submission that the offence alleged against the petitioners is under Section 201 of the IPC, which is not punishable with death or imprisonment for life. 7 The petitioners are ready to cooperate with the police in investigation. With this he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader has contended that the investigation is still in progress. If the petitioners are granted bail, they will hamper the investigation and tamper the prosecution witnesses and flee from justice. The petitioners have assisted accused Nos.1 and 2 for disappearance of the evidence in the crime. With this he prayed to reject the petition.
6. Having regard to the submissions made by the learned counsel for the petitioners and the learned High Court Government Pleader, this Court has gone through the FIR, 8 complaint, remand application and the order passed by the Sessions Court.
7. The accusation leveled against the petitioners/accused Nos.4, 5, 6, 8 and accused No.7 is that they brought firewood to burial ground at the request of accused Nos. 1 and 2 and thereafter accused Nos. 1 and 2 used that firewood to burn the dead body of the deceased. There is no involvement of these petitioners and accused No.7 in commission of murder of the deceased Shekhavva. The offence alleged against the petitioners is not punishable with death or imprisonment for life. The petitioners are ready to cooperate with the police in investigation. There are no criminal antecedents of the petitioners. The apprehension of the prosecution that, if the petitioners are granted bail, they will hamper 9 the investigation and tamper the prosecution witnesses, can be met with by imposing stringent conditions.
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioners/accused Nos. 4, 5, 6 and 8 shall be released on bail in Crime No.113/2021 of Guttal Police Station, subject to the following conditions:10
i) Each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioners shall not indulge in hampering the investigation and tampering the prosecution witnesses.
iii) The petitioners shall cooperate with the investigation and make themselves available for interrogation whenever required.
iv) The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case 11 so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
v) The petitioners shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE gab