Karnataka High Court
Anil S/O Sidram Tillu vs The State Of Karnataka on 5 August, 2020
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF AUGUST, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.KRISHNA BHAT
CRIMINAL PETITION No.200497/2020
BETWEEN:
Anil S/o Sidram Tillu
Aged about 5 years
Occ: Pastor working at
Chillargi village
R/o Labour Colony
Outside Shah Gunj, Bidar
... Petitioner
(By Sri Hanmanthraya Sindol, Advocate)
AND:
The State of Karnataka
Market Police Station, Bidar
Rep. by the Spl. Public Prosecutor
High Court of Karnataka
Kalaburagi Bench
... Respondent
(By Sri Sharanabasappa M. Patil, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioner on anticipatory
2
bail in Crime No.85/2019 of Market Police Bidar
pending before the I-Addl. Civil Judge and JMFC at
Bidar for the offences punishable under Sections 143,
50444, 307, 302 read with Section 19 of IPC.
This petition coming on for Orders this day, the
Court made the following:
ORDER
This is an anticipatory bail petition filed on behalf of the accused No.2 in Crime No.85/2019 of Market police station, Bidar Market Circle, district Bidar, in which charge sheet has been filed for offences punishable under Sections 143, 504, 302 read with Section 149 of IPC by showing the petitioner as absconding.
2. The charge sheet allegation is to the effect that accused No.3 is the wife of the deceased and accused Nos.4 and 5 are his parents in-law and accused No.1 is his brother in-law and the present petitioner is the maternal uncle of accused No.3. It is alleged that 3 accused No.3 was suspecting illicit relationship of her husband with some other woman and she frequently quarreled with him and on 21.09.2019 she had abused the deceased and the complainant who is mother of the deceased over the telephone from her parents house and thereafter deceased had gone there. It is alleged that at about 10:00 p.m. all the accused had quarreled with the deceased and accused No.1 assaulted with iron rod on his head and the present petitioner had assaulted with a club on the face of the deceased and rest of the accused had abused the deceased and instigated accused Nos.1 and 2 to commit his murder and also they had beaten him by hands.
3. Learned counsel for the petitioner has submitted that the present petitioner is a pastor and a devout person and he has been falsely implicated in this case. He submitted that CWs.10 and 11 are not eyewitnesses and since incident had taken place at about 10:00 p.m. in the house of the accused there was 4 no possibility for eyewitnesses to be near the said house during night time. He further contended that post mortem report shows that the death of deceased was due to head injury and allegation against the present petitioner being that he had assaulted with club on the face, he cannot be attributed with the offence under Section 302 of IPC and therefore he is entitled to be granted anticipatory bail.
4. Learned HCGP took me through the statement of objections filed by him and also the charge sheet papers and pointed out that there was strong motive on the part of the accused to commit the offences and further that CWs.10 and 11 who are eyewitnesses have clearly stated about the present petitioner assaulting deceased with the club on his face and post mortem report shows that death was on account of head injury. There are reasonable grounds to believe that the present petitioner has committed 302 5 IPC and in view of his abscondance he is not entitled to be granted anticipatory bail.
5. Careful perusal of the charge sheet papers disclose that the accused were enraged with the deceased that he was having illicit relationship with another woman and there were frequent quarrels between accused No.3 who is the wife of the deceased and the deceased. As a matter of fact the petitioner himself has produced a document purporting to be the marriage registration certificate regarding the marriage of the deceased with one Ashwini who is stated to be a woman police constable serving in Bidar Rural police station. The charge sheet papers also shows that CWs.10 and 11 are eyewitnesses to the incident and the death had taken place inside the house of accused No.1 itself. The present petitioner is stated to have assaulted the deceased with the club on his face. Post mortem report shows that the death was on account of head injury. The petitioner is absconding. There are 6 reasonable grounds to believe that the present petitioner along with accused No.1 had assaulted the deceased in a brutal manner with deadly weapon on vital part of the body namely head and face. The fact that accused Nos.3 to 5 have been granted bail by this court does not enure to the benefit of the present petitioner in this case in view of the fact that there are no serious overt acts attributed to the said accused.
6. Taking into consideration the materials available in the charge sheet papers, I am of the view that the petitioner is not entitled to be granted bail. Hence, the following:
ORDER The above petition is dismissed.
Sd/-
JUDGE sdu