Karnataka High Court
Muniya @ Papa vs State By Akkur Police on 5 June, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2018
BEFORE
THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.1790 OF 2018
BETWEEN:
1. MUNIYA @ PAPA
S/O KARIYANNA,
AGED ABOUT 43 YEARS,
R/AT MENASIGANAHALLI,
LAMBANI THANDYA
VIRUPAKSHIPURA HOBLI,
CHANNAPATNA TALUK,
RAMANAGARAM DISTRICT - 571 501.
2. VENKATACHALA
S/O BORAIAH,
AGED ABOUT 55 YEARS,
R/A BYRAPATNA VILLAGE,
MALUR HOBLI,
CHANNAPATNA TALUK - 571 501
RAMANAGARAM DISTRICT ... PETITIONERS
(BY SRI J.T.PRAKASH, ADVOCATE)
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AND:
STATE BY AKKUR POLICE
CHANNAPATNA TALUK,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001. ... RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)
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THIS CRL.P IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON
BAIL IN CR.NO.214/2017 (C.C.NO.530/2017) OF AKKUR
POLICE STATION, RAMANAGARA FOR THE OFFENCE
PUNISHABLE UNDER SECTION 302 R/W 34 OF IPC ETC.,
THIS CRL.P COMING ON FOR THIS ORDERS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section - 439 of Cr.P.C., seeking bail in Crime No.214/2017 registered for the offence punishable under Section-302 read with Section 34 of IPC.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader. 3
3. The learned HCGP has not filed any statement of objection inspite of granting sufficient opportunity, but he has orally opposed the petition.
4. The case of the prosecution is that petitioner No.1 / accused No.1 is the younger brother and accused No.2 is the brother-in-law of the deceased Lakshmi. The deceased was a lady of loose character and she was carrying on illicit relationship with various men, which was seriously opposed by the petitioners' family. However, the deceased was not heeding to their advise and hence on 26.09.2017 at about 5.30 p.m., accused Nos.1 and 2 caught hold of the deceased and dragged her near a heap of jelly stones and accused no.1 stabbed on the neck of the deceased with a knife used for slaughtering pigs, accused No.2 assaulted the deceased with the same knife on her chest and hands. Thereafter, both of them stuffed the body in a plastic cover and dumped it in a mango grove of one Ramdas.
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5. The learned counsel for the petitioners submit that the petitioners are no way involved in the alleged offences. The evidence collected by the prosecution does not make out the charges leveled against the petitioners. The petitioners are in custody since 01.10.2017. The remand application filed by the Investigating Officer indicates that the accused were arrested only on 02.10.2017, which throws serious doubt in the case of the prosecution regarding the involvement of the petitioners in the alleged offence.
6. On perusal of the charge-sheet, it is seen that the prosecution has rested its case on the direct testimony of the son of the deceased, who has been cited as an eye-witness to the incident. The weapon used for commission of the offence has been seized. The post- mortem report is to the effect that the deceased died as a result of the multiple injuries sustained on account of infliction of the injuries. The post-mortem report mentions 5 the following external injuries on the deceased, which are in conformity with the statement of the eye-witness:
"1) Obliquely placed incised wound measuring 03 cm x 0.1 cm x skin deep noted over right side of neck situated 07 cm below right ear lobule and 6.5 cm to the right of midline.
2) Obliquely placed incised wound measuring 2.5 cm x 0.1 cm x skin deep noted over right side of neck situated 09 cm below right ear lobule and 2.5 cm below previous injury.
3) Obliquely placed incised wound measuring 02 cm x 0.1 cm x skin deep noted over right side of neck situated 0.5 cm lateral to previous injury.
4) Horizontally placed incised wound measuring 5.5 cm x 01 cm x muscle deep noted over front of neck situated 06 cm below chin and 09 cm above the suprasternal notch.6
5) Vertically placed stab wound measuring 5.5 cm x 0.5 cm x chest cavity deep noted over front of chest on right side, situated 2 cm to the right of midline and 06 cm medial to the right nipple. Upper end is sharp and the lower end is blunt. Margins are clean cut.
6) Vertically placed stab wound measuring 05 cm x 0.5 cm x chest cavity deep noted over front of chest on left side, situated 0.5 cm to the left of midline and 06 cm medial to the left nipple. Upper end is sharp and the lower end is blunt. Margins are clean cut.
7) Cut wound measuring 06 cm x 0.5 cm noted over first web space of left hand (defense wound)."
7. In the wake of the evidence of the eye-witness and the seriousness of the offence and the manner in which the petitioners have committed the above offence, in my view if the petitioners are enlarged on bail at this stage, they are likely to threaten the solitary witness, who 7 is one of the relative of the petitioners. The facts of this case do not entitle the petitioners for grant of bail and hence the petition is rejected.
Sd/-
JUDGE JJ