Karnataka High Court
Sri Arun S/O Basavanni Kumbar vs The State Of Karnataka on 13 June, 2022
Author: K. Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO. 101575 OF 2022
BETWEEN:
SRI. ARUN S/O. BASAVANNI KUMBAR
AGE: 20 YEARS, OCC: AGRICULTURE,
R/O. INGALI VILLAGE, TQ. HUKKERI,
DIST. BELAGAVI-591309.
... PETITIONER
(BY SRI. K. ANANDKUMAR, ADV.)
AND:
THE STATE OF KARNATAKA
HUKKERI POLICE STATION,
REPRESENTED BY
STATE ADDL. PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD BENCH.
... RESPONDENT
(BY SHRI. PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. SEEKING TO ALLOW THIS CRIMINAL PETITION AND ORDER FOR
RELEASE OF THE PETITIONER-ACCUSED NO.3 ON BAIL IN CRIME
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NO.158/2021 OF HUKKERI P.S. IN S.C. NO.5071/2022 ON THE FILE OF
THE VII ADDITIONAL SESSIONS JUDGE AT BELAGAVI SITTING AT
CHIKKODI PUNISHABLE UNDER SECTION 302, 201, 364 AND 120B READ
WITH SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
This criminal petition is filed by the petitioner-accused No.3 under Section 439 of Cr.P.C., seeking for grant of bail in Crime No.158/2021 registered by Hukkeri Police Station, Belagavi District for the offences punishable under Sections 302, 201, 364 and 120B read with Section 34 f the Indian Penal Code (for short 'IPC').
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The case of the prosecution is that on the sou-moto complaint registered by one B. V. Nyamagouda, P.S.I. of Hukkeri Police Station for the aforesaid offences and the petitioner was arrested on 21.10.2021. It is alleged that the Police received an information on 01.10.2021 that the dead body of unknown person 3 was found in the Ghataprabha river near Ghodageri village. The initially registered the same in UD No.32/2021 under Section 174 of Cr.P.C., and post mortem was conducted then the accused No.1 came and identified the dead body is of his younger brother Bahubali Kadappa Chougala. Subsequently, the Police except the accused No.1 and completed the investigation for unknowing death of the deceased. The accused No.1 did not turned out for the investigation. Subsequently, the Police arrested the accused No.1- Ajitkumar who is elder brother of the deceased's on 19.10.2021. The voluntary statement was recorded and he has confessed that the deceased used to quarrel with him and his parents, he is always insisting for money and demanding his share inspite of his share already given to him and always quarrelling with his parents by drinking alcohol. Therefore, the accused No.1 engaged accused Nos.2 and 3 by giving supari for Rs.5,00,000/- to commit murder of his own brother. It is further alleged in the charge sheet that the accused Nos.2 and 3 received Rs.1,00,000/- from the accused No.1 an advance and subsequently they took the deceased-Bahubali by enticing him to give alcohol. Subsequently, they abduct the deceased on their motorcycle and committed murder by assaulting 4 with iron rod on his head and stabbed on the stomach with sword. After causing the death they thrown the dead body in the Ghataparabha river. On the voluntary statement of accused No.1, the Police arrested this petitioner on 21.10.2021 and remanded to judicial custody. As the bail petition came to be rejected by the Sessions Court, hence the petitioner-accused No.3 is before this Court.
4. The learned counsel for the petitioner contended that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The name of the petitioner-accused No.3 not arrives in the FIR when the dead body was found. Subsequently on the voluntary statement of the accused No.1 he has been arrested. The accused No.1 said to be given supari to this petitioner but nothing has been recovered from this petitioner and there is no supportive material on the record. The accused No.1 has been granted bail by the Co-ordinate Bench of this Court. The investigation is completed and charge sheet has been filed, therefore he prayed for grant of bail.
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5. Per contra, the learned High Court Government Pleader has seriously objected the bail petition and contended that this petitioner-accused No.3 have committed murder of the deceased- Bahubali by receiving advance supari amount of Rs.1,00,000/- and they agreed to receive remaining supari amount of Rs.4,00,000/- from the accused No.1 after committing murder of the deceased. After committing murder, they taken photographs of the dead body and showed to accused No.1 they should confirmed that they have killed the deceased. Subsequently, the mobile phones of the accused persons were seized and the photos of the deceased dead body retrieved by the Police from the computer server. The Police also recovered the blood stained clothes of the accused as well as weapon used by them for commission of murder. Therefore, there is a prima facia material placed on record to show the crime committed by accused. That apart, CWs-25 to 27 have been seen company of the accused with the deceased and also drinking alcohol together. The accused No.1 has been granted bail as he was not participated in the murder and also on the medical ground. That apart, he was a teacher and his presence may be easily secured. Therefore, a ground of parity is not available for the 6 petitioner. If the petitioner is granted bail they are in habit of committing murder by receiving money as supari. Therefore, he prayed for rejecting the bail petition.
6. Having heard the arguments of both the counsel and perused the materials on record.
7. On perusal of records, admittedly the First Information Report received by the Police that the dead body of the deceased is found in Ghataprabha river and UDR case was registered. Subsequently, body was sent to post mortem and post mortem report reveals the cause of death is due to stabbed injury on the stomach and head injury. The accused No.1 has been called to the Police Station and he has identified the dead body of the deceased. Subsequently, the accused No.1 not turned out for any investigation. Suspecting the accused No.1, the Police arrested the accused No.1 and his voluntary statement has been recorded, where he has confessed that he has given supari to accused Nos.2 and 3 to commit murder of his own brother and given Rs.1,00,000/- in advance. Subsequently, the accused Nos.2 and 3 took the deceased on their motorcycle on 20.09.2021 they made 7 him drinking alcohol and committed murder. The accused No.2 assaulted the deceased on head with iron rod and this petitioner commit assault injuries on the stomach. Subsequently, these accused Nos.2 and 3 took photographs of the dead body and given to the accused No.1 and confirmed that they have executed the murder for having received the advance amount. Admittedly, the accused Nos.2 and 3 committed the murder of the deceased by taking supari. On the voluntary statement of the accused No.1, these accused persons were also arrested and have given voluntary statement before the Police by confessing that they have committed murder. Though the confessional statement is not admissible but except under Section 27 of the Evidence Act that recovery of weapon, mobile phones and blood stained clothes worn by them while commission of murder was at the instance of these accused in the presence of panch witnesses. That apart, the accused Nos.2 and 3 said to have been made extra judicial confession regarding commission of murder. The statement of CW-25 reveals that the accused Nos.2 and 3 abducted the deceased in their motorcycle. In the statement of CW-27 stated that he seen the accused and deceased together drinking alcohol. A circumstances of the case 8 clearly point out the commission of murder of the deceased- Bahubali, though on the instruction of the accused No.1 by taking supari and receiving Rs.1,00,000/- for advance and Rs.4,00,000/- to be receivable after the commission of murder. That apart, they took photographs and confirmed the murder of the deceased by showing the same to accused No.1. Thereafter, they deleted the photographs which were retrieved from the mobile phones by the computer server which were taken on 20.09.2021 on the date of the incident. Same was produced before the Court which also reveals the crime committed by the accused.
8. Therefore, considering the post mortem report and other circumstances of the case, it reveals that there is a prima facie material placed on record to show the crime of the accused No.3 in commission of murder of the deceased-Bahubali. That apart, the accused No.1 was granted bail by the Co-ordinate Bench of this Court on the ground he has not participated in the crime and the accused Nos.2 and 3 committed murder and on the medical ground he has been granted bail apart from securing his presence is possible as he was teacher, but all those liability are not available 9 for this petitioner as he is a contract killer. If the petitioner released on bail his presence will not secure before this Court. That apart, there are every chances of committing similar offences by receiving money and he will become regular professional supari killers. Therefore, the petitioner-accused No.3 is not entitled for grant of bail.
9. Accordingly, the bail petition of the petitioner-accused No.3 is hereby dismissed.
Sd/-
JUDGE SMM