Karnataka High Court
Sri Srinivas Alias Siri S/O Yallappa ... vs State Of Karnataka on 28 July, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28 t h DAY OF JULY 2022
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102034/2022
BETWEEN:
SRI. SRINIVAS @ SIRI S/O YALLAPPA HAVERI
AGE: 23 YEARS, OCCP: NILL,
R/O. MUDDINKOPPA,
TQ: SHIGGAON, DIST: HAVERI,
NOW AT R/O.: NEHARU NAGAR,
MUNDGOD.
...PETITIONER
(BY SRI. NEELEND RA D.GUNDE, ADV OCATE)
AND:
STATE OF KARNATAKA,
BY MUNDGOD P.S .,
REPRES ENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD - 580001.
... RES PONDENT
(BY SRI. PRAS HAN TH V.MOGALI , HCGP)
2
THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C.,
SEEKING TO GRANT THE PETITIONER/ACCUSED NO.2
REGULAR BAIL IN THE CRIME NO.98/ 2021 OF M UNDGOD
POLI CE STATI ON, REGISTERED FOR THE OFFENCES
PUNISHABLE U/S 341, 302, R/W 34 OF IPC, PENDING BEFORE
I ADDITIONAL DISTRICT AND SESSIONS JUDGE, SIRSI IN
S.C.NO.5064/ 2021.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, T HE COURT MADE THE F OLLOWING:
ORDER
This petition is filed by the accused No.2 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.98/2021 of Mundgod Police Station registered for the offences punishable under Sections 341 and 302 read with Section 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) pending on the file of the I Additional District and Sessions Judge, U.J. Karwar sitting at Sirsi in Sessions Case No.5064/2021. 3
2. It is the case of the prosecution that, one Mutturaj has filed a complaint stating that the deceased namely Vijay who is complainant's sister's son was working as Mason and was owing a motorcycle bearing No.KA-31-EB-7684, as there was no place to park the said vehicle in front of the house of the deceased, he used to park the same in front of the house of complainant. On 18.07.2021 at about 07:00 a.m. one Mr. Shashidhar Madar came and informed the complainant that the body of Vijay is found near Ayyappa Swami Temple on Nyasargi road. Therefore, the complainant and others went there and found the dead body of Vijay and there were several injuries on his body and therefore he filed the compliant against unknown persons which came to be registered in Crime No.98/2021 of Mundgod Police Station for the offences punishable under Sections 341 and 302 read with Section 34 of IPC. During the investigation based on the voluntary 4 statement of accused No.1, the petitioner/accused No.2 came to be arrested on 24.07.2022. After investigation, the Police filed a charge sheet for the aforesaid offences. The petitioner filed bail application in S.C. No.5064/2021 and the same came to be rejected by the learned I Additional District and Sessions Judge, Uttara Kannada, Karwar sitting at Sirsi by order dated 14.03.2022. Therefore, the petitioner/accused No.2 is before this Court seeking bail.
3. Heard the arguments of learned counsel appearing for the petitioner and learned High Court Government Pleader for the respondent-State.
4. The learned counsel for the petitioner would contend that there are no eye witnesses to the incident. Based on circumstantial evidence, the alleged motive for commission of offence is that the deceased instigated Manjunath Kajgar against 5 accused No.1, who went and assaulted him. It is his further submission that the said Manjunath Kajgar has not been examined by the Investigation Officer and he is not a charge sheet witness. The main circumstances alleged is last seen by CWs-13 and 14 of accused Nos.1 and 2 with the deceased on the previous night of finding of the dead body of the deceased. It is his further submission that as the charge sheet is filed, the petitioner is not required for any custodial interrogation. There are no recoveries at the instance of this petitioner/accused No.2. The recovery of knife is at the instance of accused No.1 and thereto it was not having blood stains. The petitioner is in judicial custody since last one year and he is having a daughter who requires medical care. With this, he prayed to reject the petition.
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5. Per contra, learned High Court Government Pleader submitted that there is recovery of knife at the instance of accused No.1. The voluntary statement of accused No.1 shows his involvement in the commission of offence. CWs-13 and 14 have last seen the deceased, accused Nos.1 and 2 together on the previous night on finding of the dead body. The charge sheet material shows prima facie case against the petitioner and others. The offence alleged is heinous offence. If the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. With this, he prayed for rejection of petition.
6. Having heard the submissions made by learned counsel for the petitioner and learned High Court Government Pleader, this Court has gone through the charge sheet records.
7. The accusation leveled against the petitioner/accused No.2 in the charge sheet is that 7 as the deceased has instigated Manjunath Kajgar and who in furtherance of instigation assaulted the accused No.1 and who in turn along with accused No.2 took the deceased and assaulted him with knife. There are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. The only circumstance against this petitioner is that he is last seen with accused No.1 and deceased by CWs-13 and 14. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstances at the trial. As the charge sheet is filed, the petitioner is not required for any custodial interrogation. The petitioner is having a daughter who requires medical treatment for bleeding in brain. The apprehension of the prosecution is that if the petitioner is granted bail he will tamper the prosecution witnesses, can be met with by imposing certain stringent conditions. 8
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.2 shall be released on bail in Crime No.98/2021 of Mundgod Police Station registered for the offences punishable under Sections 341 and 302 read with Section 34 of IPC, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court.9
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
Sd/-
JUDGE R H- Pa r a 0 1 t o 0 3 S MM - P a ra 0 4 t o t i ll en d