Vattiparambil House George vs State Of Karnataka on 10 July, 2013

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Karnataka High Court

Vattiparambil House George vs State Of Karnataka on 10 July, 2013

Bench: H.N.Nagamohan Das

                            1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 10TH DAY OF JULY, 2013

                        BEFORE

     THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS

         CRIMINAL PETITION No. 3784 OF 2013


BETWEEN:

1.     Vattiparambil House George
       @ George Kutty
       S/o Late Thomas,
       Aged about 39 years,
       R/o Valad Village and Post,
       Mahanandavadi Taluk,
       Wynad District,
       Kerala State - 670 645.

2.     T.K. Jayaprakah @ Jayan
       S/o Kunhiraman Nair,
       Aged about 29 years,
       R/o Valadi House, Thalapura Road,
       Valad Village and Post,
       Manadavadi Taluk, Wynad District,
       Kerala State - 670 645.        ... PETITIONERS

              (BY SRI. BASAVARAJU T.A., ADV.)
AND:

State of Karnataka,
by Veerajapet Town Police Station,
Veerajapet Taluk,
Kodagu District - 571 218.           ... RESPONDENT

       (BY SRI G.M.SREENIVASA REDDY, HCGP)
                               2


     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE
PETITIONERS ON BAIL IN CR. NO.12/2013 OF
VEERAJAPET POLICE STATION, KODAGU DISTRICT,
WHICH IS NOW PENDING IN C.C. NO.417/2013 ON
THE FILE OF JMFC, VEERAJPET.

    THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:

                           ORDER

Petitioners are the accused in Crime No.12/2013 for the offences punishable under Sections 302 and 201 of IPC. The investigation is completed and charge sheet is filed.

2. The entire case of the prosecution is based on circumstantial evidence. In the charge sheet, it is stated petitioners had taken the deceased to a Bar and made him to drink Brandy and thereafter they have been taken him out of the Bar and committed murder and thrown him to a tank. The dead body was recovered in a decomposed stage. The post mortem report specifies as under :

"Stomach and its contents: weighed 95 gm and contained 20 ml of brownish colored semi-liquid material. No characteristic abnormal odour was perceived. Mucosa was discoloured (due to decomposition)".

3. The prosecution has not sent the coloured semi- liquid found in the stomach in the decomposed body for further investigation. Now that, the investigation is completed and charge sheet is filed. I am of the considered opinion that petitioners are to be enlarged on bail.

4. Accordingly, the following Order :

The petition is hereby allowed. The petitioners are enlarged on bail on the following conditions:-

i) The petitioners shall execute personal bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) each with two solvent sureties for like sum to the satisfaction of Trial Court. 4

ii) On every hearing dates, the petitioners shall keep present before the Trial Court.

iii) The petitioners in any manner shall not tamper with the prosecution witnesses.

iv) On every Second Sunday of each calendar month the petitioners shall mark their attendance before the respondent - Police between 9.00 A.M. and 5.00 P.M. Sd/-

JUDGE RBV/

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