Karnataka High Court
Sunil S/O Gadigeppa Sannatayi Urf Handi vs The State Of Karnataka on 14 November, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103281 OF 2022
BETWEEN:
1. SUNIL S/O. GADIGEPPA SANNATAYI URF HANDI
AGE. 23 YEARS,
OCC. AGRICULTURIST AND COOLIE,
R/O. KAMALAPUR, TQ. RATTIHALLI,
DIST. HAVERI.
2. BASAMMA W/O. GADIGEPPA SANNATAYI URF HANDI
AGE. 45 YEARS, OCC. HOUSEHOLD WORK,
R/O. KAMALAPUR, TQ. RATTIHALLI,
DIST. HAVERI.
...PETITIONERS
(BY SRI. S. N. BANAKAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY RATTIHALLI P.S.,
R/BY ADDL. STATE PUBLIC PROSECUTOR,
DHARWAD BENCH, DHARWAD.
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
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CRL.P No. 103281 of 2022
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO THE PETITIONER NO.1 AND 2 WHO ARE ACCUSED
NO.3 AND 2 RESPECTIVELY IN RATTIHALLI P.S. CRIME
NO.115/2022 FOR THE ALLEGED OFFENCES PUNISHABLE U/S
302 AND 201 R/W SECTION 34 OF IPC, DATED 14.09.2022
MAY BE ENLARGED ON BAIL BY ALLOWING THIS CRIMINAL
PETITION.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS TH IS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by accused Nos.2 and 3
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.115/2022 of Rattihalli Police Station registered for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity). -3- CRL.P No. 103281 of 2022
2. The case of the prosecution is that, one Smt. Choudamma W/o. Irappa Kuriyavar has lodged the complaint stating that her husband Irappa Kuriyavar (deceased) used to sleep at Beeralingeshwar Community Hall of Kamalapur Village, Rattihalli Taluka. It is further stated that on 30.08.2022 at about 10.00 p.m., the complainant's husband told the complainant that he is going to sleep at Community Hall and went away but on the next day morning i.e., on 31.08.2022 at 8.00 a.m., he did not return. The complainant searched for him in the village and he was not traced and she is under the impression that her husband might have gone to relatives village and when she made a phone call to her husband's mobile number he did not pickup the call even though it was ringed. The complainant searched for him in different places but he was not found and therefore she filed missing complaint on -4- CRL.P No. 103281 of 2022 03.09.2022. It is further stated on 12.09.2022 there was a news about the obnoxious smell coming from the backyard of 1 s t accused house and the villagers went and they saw that M Sand had been put in the place where a newly dug pit has been covered with soil and because of the foul smell coming from there, the complainant immediately rushed to the Police Station and informed the same.
It is further case of the prosecution that on 14.09.2022 Rattihalli police officers, the Tahasildar Rattihalli and others came to the spot and dug a pit next to the backyard of accused No.1 house which was covered with mud, a dead body was found under M Sand and it was taken out in a decomposed condition and on looking to the articles on the dead body and clothes, the complainant identified that it is her husband's dead body. The Tahasildar took out the dead body -5- CRL.P No. 103281 of 2022 and conducted the inquest panchanama. It is further stated that the complainant's husband was having illicit relationship with Basamma (petitioner No.2) who is the wife of accused No.1 and in that regard there was quarrel between the deceased, accused No.1 and the son of accused No.1 Sunil (petitioner No.1) and they gave life threat to the deceased. The said complaint came to be registered in Crime No.115/2022 of Rattihalli Police Station for the offences punishable under Sections 302 and 201 read with Section 34 of IPC. The petitioners came to be arrested on 15.09.2022 and they are in judicial custody. The petitioner No.1 arrayed as accused No.2 in the FIR and accused No.3 in the remand application. The petitioner No.2 arrayed as accused No.3 in the FIR and accused No.2 in the remand application. The petitioners have filed Criminal Miscellaneous No.711/2022 seeking bail and the same came to be -6- CRL.P No. 103281 of 2022 rejected by II Additional District and Sessions Judge, Haveri sitting at Ranebennur by order dated 21.10.2022. Therefore, petitioners are before this Court seeking bail.
3. Heard the arguments of learned counsel appearing for the petitioners and learned High Court Government Pleader for the respondent- State.
4. Learned counsel for the petitioners would contend that the husband of the complainant was found missing on 31.08.2022 and missing complaint said to have been filed on 03.09.2022 and the complaint came to be registered on 14.09.2022. There was delay in filing the complaint and there was no explanation for the delay in filing the complaint. It is his further submission that these petitioners have been -7- CRL.P No. 103281 of 2022 implicated on the basis of conjuncture and surmises. It is his further submission that as the petitioners are in judicial custody since 15.09.2022, they are not required for custodial interrogation. The petitioners are ready to co- operate with the Police in investigation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the investigation is in progress. The wife of the deceased has filed missing complaint on 03.09.2022. As the foul smell was coming from the backyard of the accused No.1 house and on verification they found dead body of the deceased, the complaint came to be filed on 15.09.2022. These petitioners being the wife and son of accused No.1 are involved in commission of the murder of deceased-Irappa. It is his further -8- CRL.P No. 103281 of 2022 submission that as the investigation is in progress, the petitioners are not entitled for grant of bail. If the petitioners are granted bail, there are chances of hampering the investigation and tampering the prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submissions made by learned counsel for the petitioners and learned High Court Government Pleader, this Court has gone through the complaint, FIR, remand application and the order passed by the Sessions Court.
7. These petitioners are the son and wife of accused No.1. There is a allegation that the deceased-Irappa had illicit relationship with the wife of accused No.1 who is petitioner No.2 herein. Petitioner No.1 is the son of accused No.1 and his -9- CRL.P No. 103281 of 2022 wife Basamma (petitioner No.2). There is accusation that the deceased-Irappa had illicit relationship with Basamma who is the wife of accused No.1. The dead body of deceased-Irappa was found in the backyard of accused Nos.1 to 3. On verification of dead body by the Police and the Tahasildar, the complainant identified the dead body was her husband's on the basis of articles and clothes found on the dead body. These petitioners came to be arrested on 15.09.2022. On perusal of remand application, the accusation against these petitioners is that they assisted accused No.1 to bury the dead body of the deceased in the backyard of accused No.1 house and covered it by putting M Sand on it. There is no allegation against these petitioners that they committed the murder of deceased-Irappa. These petitioners are in judicial custody since 15.09.2022 and therefore, they are not required for custodial
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CRL.P No. 103281 of 2022 interrogation. The petitioners have undertaken to co-operate with the Police in investigation. The main apprehension of the prosecution is that if the petitioners are granted bail, they will hamper the investigation and tamper the prosecution witnesses can be met with by imposing stringent conditions.
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 petitioners/accused Nos.2 and 3 are ordered to be released on bail in Crime No.115/2022 of Rattihalli Police Station, subject to the following conditions:
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i.The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii. The petitioners shall attend the Police Station concerned every Sunday between 10:00 a.m. and 02:00 p.m. and mark their presence for a period of one month or till filing of the final report, whichever is earlier.
iii. The petitioners shall co-operate with the investigating officer and make themselves available for interrogation whenever required.
iv. The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
- 12 -CRL.P No. 103281 of 2022
v. The petitioners shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE SMM