Karnataka High Court
Dr Chiranjeevi G S/O. Shantanayak vs The State Of Karnataka on 14 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102439 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102439 OF 2022
BETWEEN:
DR CHIRANJEEVI G S/O. SHANTANAYAK
AGE. 32 YEARS, OCC. MEDICAL OFFICER,
MYLAR, R/O. WARD NO.IX,
TUNGABHADRA BADAVANE,
HOOVINAHADAGALI,
DIST. VIJAYANAGAR-583102
...PETITIONER
(BY SRI. SRINAND A PACHHAPURE, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH GUTTAL POLICE STATION,
NOW R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD, BENCH AT DHARWAD-580011
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
Digitally signed
by ROHAN
HADIMANI T
ROHAN Location: HIGH
HADIMANI COURT OF
T
KARNATAKA
DHARWAD
Date:
2022.09.17
SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.2 IN
10:28:59 +0530
CRIME NO.81/2022 REGISTERED FOR THE OFFENCE PUNISHABLE
U/S 302 AND 201 OF IPC BY THE RESPONDENT GUTTAL POLICE
STATION, PENDING ON THE FILE OF COURT OF ADDITIONAL
CIVIL JUDGE (JR.DN) AND JMFC, HAVERI.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 102439 of 2022
ORDER
This petition is filed by 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.81/2022 of Guttal Police Station, Haveri, registered for the offences punishable under Sections 302 and 201 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, one Sri.Raju Lalappa Angadi s/o Lalappa Angadi, has filed complaint stating that he is residing along with his family at Hoovinahadagali taluk, Vijayanagar district and his sister by name Yashodha was given in marriage to a person at Hanapur village of Badami taluk and she had two sons i.e. deceased Naveen and Nayan. The deceased Naveen since from childhood was residing with the complainant and studied up to SSLC. The deceased was addicted to -3- CRL.P No. 102439 of 2022 bad habits like drinking alcholol, smoking and consuming ganja. Several times, the deceased was advised to leave the bad habits, despite he was continuing the same and he had gone to jail in theft case. It is further stated that, on 27.02.2022 at 10:00am he had gone to Hubballi by taking Rs.600/- from his mother. On 28.07.2022, at 7:00 am, the complainant received a call from his acquaintance stating that dead body of his sister's son Naveen is found on Haveri-Guttal road near Somanakatti Shibar and asked him to come and identify the dead body. Immediately, the complainant along with the petitioner/accused No.2 went to the spot and found the dead body of his sister's son. The complainant suspected that some unknown persons have committed the murder of his sister's son by strangulating by means of rope. The said complaint came to be registered in Crime No.81/2022 for offences under Sections 302 and 201 of IPC against unknown persons. During the course of -4- CRL.P No. 102439 of 2022 investigation, the police arrested accused Nos.1 and 2 on 31.07.2022 and recorded their voluntary statements. It is the further case of the prosecution that, the deceased Naveen was the son of the petitioner's aunt. The said Naveen was a drunkard and was involved in theft case. When amount was not given to Naveen for consuming alcohol, he used to take small children and was threatening to throw them from the building. Therefore, the petitioner/accused No.2 told accused No.1 that Naveen is giving to much torture to him, as such, he asked to finish him by mixing sleeping tablets in alcohol. Thereafter, accused No.1 took Naveen on his motorcycle and went to Kamadenu bar and purchased whisky and as per their plan, mixed sleeping tablets in alcohol and made Naveen to consume the same, due to which, Naveen became unconscious. Thereafter, accused No.1 called the petitioner/accused No.2 to bring car and both of them shifted Naveen in the back side of the car. -5- CRL.P No. 102439 of 2022 When he came to Kanchagargatti cross, Naveen regained conscious. At that time, accused No.1 tied neck of the deceased with cloth and committed his murder. Further, in order to screen the evidence, kept the dead body in back side of the car and proceeded towards Sirsi via Haveri. On the way, due to fear, returned to Guttal and thrown the dead body near Somanakatti Shibar. The petitioner/accused No.2, who was in judicial custody, filed Crl.Misc. No.596/2022 seeking bail and the same came to be rejected by the learned I Additional District and Sessions Judge, Haveri, by order dated 19.08.2022. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent- State.
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4. Learned counsel for the petitioner would contend that, the complaint came to be registered against unknown persons. The cloth piece and the car has been recovered at the instance of accused No.1. There is no role of this petitioner in commission of the murder of deceased Naveen. As per the case of the prosecution, the petitioner/accused No.2 instigated accused No.1 to commit the murder of deceased. The main allegation is against accused No.1, who is alleged to have committed the murder of deceased by strangulating him with a piece of cloth. It is his further submission that, the deceased was involved in theft case and once he went to jail and as such he had several enemies. The petitioner is in judicial custody since 31.07.2022 and therefore, he is not required for custodial interrogation. The petitioner is a medical officer working in Primary Health Centre Mylapur, Hoovinahagadali taluk, Vijayanagar district. It is his further submission that the petitioner is a Medical -7- CRL.P No. 102439 of 2022 Officer and has done good work and it has been appreciated by issuing certificates by different authorities. The petitioner is having wife, who is also a doctor, and a child. The petitioner is ready to co- operate with the police in the investigation and abide by the terms and conditions to be imposed by this Court. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that investigation is still in progress and voluntary statements of accused Nos.1 and 2 itself go to show the involvement of this petitioner in the commission of murder of the deceased Naveen. The petitioner being the Medical Officer may hamper the investigation and there are chances of, he tampering the prosecution witnesses. The offences alleged against the petitioner are heinous offences punishable with death or imprisonment for life. With this, he prayed to reject the petition.
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6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the averments of the complaint, FIR, remand application and the order passed by the Sessions Court and the documents produced by the learned counsel for the petitioner.
7. The accusation as per the remand application against the petitioner is that, he was fed up with the activities and behaviour of deceased Naveen and therefore, he instigated accused No.1 to commit his murder by mixing sleeping pills in alcohol and make the deceased to drink it. Even though, as per the voluntary statement of accused Nos.1 and 2, this petitioner was present at the spot at the time of accused No.1 strangulating the deceased with a piece of cloth but no overt act is alleged against this petitioner. The petitioner is the Medical Officer and he can be secured easily for investigation and trial. -9- CRL.P No. 102439 of 2022 The petitioner has undertaken to co-operate with the police in the investigation.
8. The main apprehension of the prosecution is that, if the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses, can be met with by imposing stringent conditions.
9. 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.81/2022 of Guttal Police Station, Haveri, subject to the following conditions:
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i) The petitioner/accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner/accused No.2 shall remain present before the police station concerned on every Sunday between 10:00am to 2:00pm for a period of two months or till filing of the final report whichever is earlier.
iii) The petitioner/accused No.2 shall co-
operate in the investigation and make himself available for interrogation whenever required.
iv) The petitioner/accused No.2 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 any Police Officer.
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CRL.P No. 102439 of 2022
v) The petitioner/accused No.2 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 kmv