Karnataka High Court
Ramu Siddappa Harini Shikari Alias Ramu ... vs The State Of Karnataka on 20 June, 2022
Author: K. Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 20TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO. 101617 OF 2022
BETWEEN:
1. RAMU SIDDAPPA HARINI SHIKARI @ RAMU @ RAMA
S/O. SIDDAPPA HARINI SHIKARI,
AGE: 31 YEARS, OCC: LABOURER,
R/O. THIMMALAPURA VILLAGE,
GADAG DISTRICT - 582 103.
2. MANJUNATH BEDASURU @ MANJU
S/O. MUDUKAPPA,
AGE: 25 YEARS, OCC: MASON,
R/O. THIRLAPURA VILLAGE,
TQ. NAVALAGUND, DIST. DHARWAD-582 208.
... PETITIONERS
(BY SRI. K. L. PATIL, ADV. AND
SRI. S. S. BETURMATH, ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH CPI,
KURUGODU POLICE STATION - 583116.
NOW REP. BY STATE PUBLIC PROSECUTOR,
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HIGH COURT OF KARNATAKA,
AT DHARWAD BENCH.
... RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. SEEKING TO ENLARGE THE PETITIONERS/ACCUSED NOS.1 AND 5
ON REGULAR BAIL IN CONNECTION WITH KURUGODU P.S. CRIME
NO.246/2018 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302,
201, 143 READ WITH SECTION 149 OF IPC ON THE FILE OF THE V
ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI IN C.C. NO.2482/2021.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
This criminal petition is filed by the petitioners-accused Nos.1 and 5 under Section 439 of Cr.P.C., seeking for grant of regular bail in Crime No.246/2018 registered by Kurugod Police Station in C.C. No.2482/2021 pending on the file of the V Additional Civil Judge and J.M.F.C., Ballari for the offences punishable under Sections 302, 201 and 143 read with Section 149 of the Indian Penal Code (for short 'IPC').
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2. Heard the arguments of the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that on the complaint of one Gorthi Pullaiah before the Police alleging that on 12.12.2018 at 7.30 a.m. his son Suresh went to the land along with the workers but later he was found dead, some blood stained stones also found near the spot. The dead body was appeared like it was burnt. The Police registered the case for the offences punishable under Sections 302 and 201 of IPC against unknown persons. The Police not able to trace the accused, therefore they have filed "C" final report. Subsequently on 11.08.2021 when the Police authorities were on patrolling duty, they saw some persons in Omni car and there were no rear seats in the car, therefore they apprehended those persons and enquired and it was revealed that they were came for committing theft of sheeps and they also confessed that they together said to be committing theft of sheeps and also after sale, while sharing amount themselves a quarrel took place between them. During the said quarrel, the petitioners were 4 committed murder of the deceased-Suresh and burried his body. The allegation against these petitioners is they have thrown a large stone on the chest of the deceased which cause death. The petitioners were arrested and remanded to judicial custody, their bail petition came to be rejected, hence they are before this Court.
4. The learned counsel for the petitioners has contended that absolute there is no material evidence except their voluntary statement. After three years, these petitioners were arrested and there is no eye witness to the incident and the entire case is based upon the circumstantial evidence against these petitioners. Considering the facts, the Co-ordinate Bench of this Court has granted bail to the accused Nos.2 to 4 in Criminal Petition No.100096/2022 on 01.04.2022, therefore they also entitled for grant of bail. Hence, he prayed for granting bail.
5. Per contra, the learned High Court Government Pleader has seriously objected the bail petition and prayed for rejection of bail.
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6. Having heard the arguments of both counsel and perused the records.
7. On perusal of records it reveals, of course a complaint came to be registered against unknown persons and the Police have filed "C" final report and after three years the petitioners were arrested only on the voluntary statement. The investigation is completed and charge sheet has been filed. The prosecution is required to prove the case after full fledged of trial in the Sessions Court. The Co-ordinate Bench of this Court having similar reasons have already granted bail to accused Nos.2 to 4 in Criminal Petition No.100096/2022. The allegation against the petitioner/accused No.1 is that he has thrown stone on the chest of the deceased- Suresh which caused the death, but it is also based on the voluntary statement. Therefore the petitioners are also entitled for grant of bail on the ground of parity. The apprehension of the prosecution may be safeguarded by imposing certain conditions. If the bail is granted, no prejudice will be caused to the case of the prosecution.
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8. Accordingly, the Criminal petition is allowed. The Committal Court is directed to release the petitioners/accused Nos.1 and 5 on bail in C.C. No.2482/2021 in respect of Crime No.246/2018 for the offence punishable under Sections 302, 201 and 143 read with Section 149 of the IPC, subject to the following conditions:
i. The petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties for the likesum to the satisfaction of the I.O.
ii. The petitioners shall not indulge in similar offences.
iii. The petitioners shall not tamper the prosecution witnesses directly or indirectly.
iv. The petitioners shall not leave the jurisdiction without prior permission of the Court.
If any of the conditions is violated, the prosecution is at liberty to move an application for cancellation of bail Sd/-
JUDGE SMM