Karnataka High Court
Shri Somanath S/O Gundu Gomannache @ ... vs The State Of Karnataka on 5 April, 2024
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NC: 2024:KHC-D:6229
CRL.P No. 100460 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 100460 OF 2024
BETWEEN:
SHRI SOMANATH
S/O GUNDU GOMANNACHE @ GOMANACHE
Digitally AGE. 25 YEARS, OCC: CENTERING
signed by
SUDHA S R/O TANAJI GALLI, NILAI VILLAGE
Location: BELAGAVI
HIGH
COURT OF
KARNATAKA ...PETITIONER
(BY SMT. NAGARATHNA S PATTAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH THE P S I MARIHAL
R/B STATE PUBLIC PROSECUTOR
HIGH COURT BENCH DHARWAD
...RESPONDENT
(BY SRI. PRAVEEN Y DEVARADDIYAVARA, HCGP)
THIS CRL.P FILED UNDER SECTION 439 OF CR.P.C.
PRAYING TO ALLOWING THIS PETITION THE
PETITIONER/ACCUSED NO.1 MAY BE RELEASED ON BAIL, IN
MARIHAL P S CRIME NO. 20/2023 FOR THE OFFENCES
PUNISHABLE UNDER SECTION 323, 302, 201 R/W 34 OF IPC
PENDING ON THE FILE OF X ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BELAGAVI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:6229
CRL.P No. 100460 of 2024
ORDER
1. Heard Smt.Nagaratna S.Pattar, learned counsel for petitioner and Sri Praveen Y.Devareddiyavara, learned High Court Government Pleader for the respondent - State.
2. The petitioner is before this Court seeking regular bail in Crime No.20/2023 of Marihal Police Station for the offences punishable under Sections 323, 302, 201 r/w 34 of the Indian Penal Code (for short "IPC").
Brief facts of the case:-
3. It is the case of the prosecution that the father of the deceased has lodged a complaint stating that on 20.02.2023 at about 9.30 p.m., his son Maruthi had gone out of the house stating that he would be coming back after a short while, however, he did not return till next day. His phone was switched off. The complainant and his relatives were searching for the whereabouts of the deceased, however, they found the motorcycle of the deceased near the High School and they followed the bloodstain and reached near the land of one Sri Shekhar H Kolkar. Further, they found bloodstained stone and they noticed the towel of the deceased with bloodstain. When -3- NC: 2024:KHC-D:6229 CRL.P No. 100460 of 2024 they went further by following the bloodstain, they found the dead body which was floating in the well of Basavanni Modagekar. Based on the information, the complainant lodges a complaint against unknown persons. FIR was registered against the unknown persons. During the investigation, the fact unfolded that the deceased and accused No.1 had illicit relationship with CW.9. The deceased insisted that accused No.1 to leave CW.9, by offering Rs.25,000/- to him. However, accused No.1 did not leave CW.9. Being fed up by the act of the deceased, accused No.1 is said to have contacted accused No.2. Both have called the deceased near the High School to talk, after his arrival, the quarrel took place between them. Both accused Nos.1 and 2 assaulted the deceased and took him to the nearby land of one Shekhar M Kolkar and assaulted the deceased indiscriminately on the vital parts of the body with stone and caused injuries, and killed the deceased. After having killed the deceased, they took the dead body and threw it into the well. Hence, the complaint.
4. It is the submission of learned counsel for the petitioner that the petitioner is arraigned as accused No.1. The entire case rests on circumstantial evidence. Nothing has been -4- NC: 2024:KHC-D:6229 CRL.P No. 100460 of 2024 recovered at the instance of the petitioner. The petitioner is a permanent resident of Nilaji village, Belagavi Taluk and District. The petitioner is aged about 25 years and working in the private sector and he is the earning member of the family, and he is also to take care of his parents. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submission, learned counsel for the petitioner prays to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently opposed the bail petition and submitted that the offence is heinous in nature. The petitioner/accused No.1 along with accused No.2 assaulted the deceased and killed him. Thereafter, in order to destroy the evidence, threw the dead body into the well. He further submits that the investigation is concluded and chargesheet is filed. If the petitioner is released on bail, there may be chances of tampering the prosecution witnesses and also fleeing away from justice. Making such submission, learned High Court Government Pleader prays to reject the bail petition.
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NC: 2024:KHC-D:6229 CRL.P No. 100460 of 2024
6. Having heard learned counsel for the respective parties and also perused the averments of the charge sheet, no doubt the entire case rests on the circumstantial evidence. The motive for murder as per the charge sheet averments is illicit relationship. It is stated that both the petitioner and the deceased are said to have had illicit relationship with CW.9. The deceased having learnt that the petitioner is also having the illicit relationship with CW.9, asked him to stop the said illicit relationship by offering Rs.25,000/-, however, the petitioner did not agree for the said settlement, hence, the deceased was killed.
7. The Investigating Officer has not recovered any incriminating material at the instance of the petitioner. Though the pen camera is recovered, there is nothing to show that the petitioner has committed the offence or there is no proof regarding the illicit relationship. Taking into consideration the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions.
8. Hence, I proceed to pass the following:
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NC: 2024:KHC-D:6229 CRL.P No. 100460 of 2024 ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.20/2023 of Marihal Police Station, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions:
a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.
b) The petitioner shall appear before the Trial Court on all dates of hearing without fail.
Sd/-
JUDGE Bss List No.: 19 Sl No.: 15