Karnataka High Court
Sunil @ Keppe vs The State Of Karnataka on 20 November, 2017
Equivalent citations: 2018 (1) AKR 156
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2017
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRL. PETITION NO.6658/2017
BETWEEN:
SUNIL @ KEPPE
S/O LATE SHEENA
AGED 21 YEARS, 10TH CROSS
YOJANA NAGARA, YADTHARE VILLAGE
KUNDAPURA TALUK
UDUPI DIST-576214.
... PETITIONER
(BY SRI S.N.NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY CIRCLE INSPECTOR OF POLICE
BYNDOOR CIRCLE, UDUPI DISTRICT
R/BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
Dr.B.R.AMBEDKAR BUILDING
BANGALORE-560001.
... RESPONDENT
(BY SRI CHETAN DESAI, HCGP)
THIS CRL. PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE PETITIONER ON BAIL IN
CRIME NO.172/15 OF BYNDOOR PS, UDUPI, AND
SPL.CASE 41/15.
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THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING
ORDER
This is a petition filed by the petitioner-accused under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Sections 302 and 201 of I.P.C. registered in respondent police station in Crime No.172/15. But after completion of investigation, charge sheet came to be filed even for the offence punishable under Section 376 of I.P.C. and Section 6 of the Protection of Children from Sexual Offences Act.
2. The brief facts of the prosecution case as per the complaint averments are that one Radha Devadiga, mother of the victim, filed a complaint in this case wherein it is stated that she was having a daughter by name Akshata and she was studying in II PUC in Byndoor. Everyday she used to come back from college from Byndoor to Vattinene hills pathway at about 4.45 p.m. 3
3. On the morning of 17.6.2015 at about 8.30 a.m., it is stated that Akshata left her house to go to college with her bag, water bottle and an umbrella stating that she would go to college. At 4.45 p.m., she did not return. Her parents enquired with Anitha, sister of the deceased who came to the house at 5.00 p.m. and she also enquired with family members whether her sister had not yet come home. They consulted one Swapna and Veena, friends of Akshata over phone. Both of them told that upto their house, they all came together and thereafterwards, Akshata proceeded further by walk. They informed the same to one Vasu Devadiga over phone, who is working in BESCOM and he told that at about 4.20 p.m., he had seen Akshata proceeding from Byndoor towards her house. He also told that she was going towards the Vattinene hills pathway alone. Then they made search for Akshata and at that time, one Narasimha and others informed them that the dead body of Akshata was lying in between acacia trees and it was in supine position. They all went there at 6.15 p.m. and saw the dead body of Akshata. Hence, 4 complaint came to be filed on the basis of which a case was registered against unknown persons. During investigation, the present petitioner has been arrayed as 1st accused.
4. Heard the arguments of the learned counsel appearing for the petitioner and also the learned High Court Government Pleader.
5. Learned counsel for the petitioner made the submission that there are no direct witnesses to the incident and the case of prosecution rests on circumstantial evidence. He also made the submission that even looking to circumstantial evidence, there is no prima facie material as against the petitioner that he has committed the alleged offence of rape and thereafterwards, murder of Akshata. Learned counsel refers to the entire charge sheet material during the course of submission and ultimately he made the submission that even looking to the laboratory reports also, they do not support the prosecution case to involve 5 the present petitioner for the alleged offences. Hence, learned counsel submitted that now investigation being completed, charge sheet is also filed and by imposing reasonable conditions, he can be admitted to regular bail.
6. Per contra, learned Government Pleader made the submission that there is prima facie case for the offence punishable under Section 376 of I.P.C. as well as Section
304. He also refers to the medical records and made the submission that it clearly goes to show that there was hymen tear and looking to the statement of Devadiga and other witnesses, they have seen the accused at the place when the deceased was coming back from college and he was standing there in a suspicious manner. Hence he made the submission that those witnesses have identified the present petitioner and even he was having 5 injuries which are abrasions and there was scab injury. He further contended that FSL report is positive and so also, post mortem report. Therefore, he submits that with these materials, the petitioner cannot be enlarged on bail. 6
7. Learned counsel for the petitioner, in support of his arguments, relied on 17 decisions which he has filed along with a memo dated 20.11.2017. Another memo of the same date is also filed along with two documents.
8. I have perused the grounds urged in the bail petition, FIR, complaint and the entire charge sheet and other materials placed on record, so also the decisions relied on by the learned counsel for the petitioner. Perusing the prosecution material, it is seen that on the basis of complaint, FIR came to be registered at the first instance, against unknown persons. After recording the statements of Devadiga and other witnesses, it is seen that at 4.20 p.m. when the deceased was returning from Byndoor towards her house at the hill area, they had seen the present petitioner who was standing there in a suspicious manner. They have identified the clothes worn by them and have stated that he had black complexion and was 5 feet tall.
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9. Looking to the prosecution material, during investigation Test Identification Parade was conducted and they have identified the present petitioner. It was broad daylight when the incident took place. Though there was no necessity of the TI parade, even then it was conducted and witnesses have identified the petitioner. During investigation, the IO has seized the clothes of the present petitioner, so also of the deceased. They were sent to FSL for examination the report.
10. I have perused the FSL report. The doctor who conducted post mortem, opined that the possibility of rape cannot be ruled out in the case. Therefore, looking to the materials placed on record collected during investigation, I am of the opinion that prosecution has placed sufficient material on record for both the offences, i.e. rape and murder of the deceased.
11. I have also perused the decisions relied upon by the learned counsel for the petitioner. In view of the factual matrix involved, the said decisions do not come to 8 the aid and assistance of the petitioner's case. Thus, this is not a fit case for granting the relief of bail in favour of the petitioner.
12. In the result, the petition is rejected.
Sd/-
JUDGE vgh*