Karnataka High Court
Mittu Patel S/O Bava Patel vs The State Of Karnataka on 17 August, 2015
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF AUGUST, 2015
BEFORE
THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION. NO.200804/2015
BETWEEN:
MITTU PATEL S/O BAVA PATEL
AGE: 53 YEARS,
OCC: GOVT. SERVANT PEOUN IN IRRIGATION
DEPARTMENT AT KALLUR VILLAGE,
R/O VILLAGE KALLUR,
TQ: & DIST: KALABURAGI,
... PETITIONER
(BY SRI: MAHANTESH M. DESAI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH FARTABAD POLICE STATION,
REPRESENTED BY: ADDL. S.P.P.
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH.
... RESPONDENT
(BY SRI: P.S.PATIL, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C., PRAYING TOE RELEASE
THE ACCUSED PETITIONER ON BAIL IN
S.C.NO.228/2014 PENDING BEFORE THE III ADDL.
SESSIONS JUDGE AT KALABURAGI (CRIME
NO.74/2014) OF FARTABAD POLICE STATION, WHICH
IS REGISTERED FOR THE OFFENCES P/U/SEC. 143,
147, 148, 364, 328, 302, 201, 120(B) R/W SEC. 149 OF
IPC.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and learned Government Pleader. Perused the records.
2. This petition is filed under Section 439 of Cr.P.C. seeking regular bail in respect of a case registered against the petitioner in Cr.No.74/2014 by Fartabad Police Station. Offences are punishable under Sections 143, 147, 148, 364, 328, 302, 201 120B read with 149 of IPC. After concluding investigation, charge sheet has been filed. The petitioner is in judicial custody since 6.6.2014.
3
3. The case on hand relates to murder of a girl aged about 1½ years and she was the daughter of accused No.2. Girl was found missing from 21.5.2014 and a missing complaint was filed by accused No.2 on the ground that his daughter was missing. The dead body of the girl was found on 26.5.2014 near the house of Swamy. Accused No.2 is stated to have made an extra judicial confession before his wife having murdered his daughter aged about 1½ years for the purpose of getting 'nidhi' with the help of other accused. Accused No.1 is dead and he was stated to be doing witch-craft. On the alleged confessional statement of accused No.1, name of this petitioner was disclosed and on the basis of the confession made by accused No.2 before his wife.
4. No incriminating material is seized from this petitioner. Petitioner is a government employee. Whether extra judicial confession is really admissible in 4 the present case is a matter of evidence and has to be dealt at the time of trial on merits. Entire investigation is completed and charge sheet has been filed. The case is based on circumstantial evidence and it has to be proved at the time of trial.
5. The petitioner has roots in the community. He has undertaken to obey any conditions which may be imposed on him. Thus, the apprehension of the learned Government Pleader could be suitably met with by imposing certain conditions
6. In this view of the matter, petition is allowed and bail is granted to the petitioner, subject to the following conditions:-
a) Petitioner shall be released on bail on executing a personal bond in a sum of Rs.1,00,000/- with one surety, for the likesum to the satisfaction of the concerned Sessions Judge/JMFC.
b) Petitioner shall not tamper or attempt to tamper any of the prosecution witnesses.5
c) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.
d) Petitioner shall not involve in any criminal activities.
e) Petitioner shall attend the Sessions Court regularly on all dates of hearing and shall co-
operate with the learned Sessions Judge to hold the trial.
f) Petitioner shall mark attendance at the Jurisdictional Police Station on every Sunday between 9 a.m. to 5 p.m. from the date of his release without fail till the case is disposed of.
g) If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.
Sd/-
JUDGE DM