Upendra Singh vs State By H.S.R Layout Police on 19 November, 2014

[Cites 6, Cited by 1]

Karnataka High Court

Upendra Singh vs State By H.S.R Layout Police on 19 November, 2014

Bench: A.V.Chandrashekara

                           1


 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

   DATED THIS THE 19TH DAY OF NOVEMBER 2014

                       BEFORE

 THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA

        CRIMINAL PETITION No.6760/2014


BETWEEN:

UPENDRA SINGH,
S/O SHIVRAJ,
AGED 20 YEARS,
PERMANENT RESIDENT
OF BIJAPURI GRAMA AND
POST,
BENDA POLICE STATION AND
JILLA,
MADHYA PRADESH - 28473.
                                     ... PETITIONER
(BY SRI MOHAMMED PASHA C., ADVOCATE)


AND:

STATE OF KARNATAKA,
BY H.S.R. LAYOUT POLICE,
REPRESENTED BY S.P.P.,
HIGH COURT CAMPUS,
BANGALORE - 560 001.
                                 ... RESPONDENT
(BY SRI :B. VISWESWARAIAH, HCGP.,)


    THIS CRL.P. IS FILED UNDER SECTION 439 OF THE
CODE OF CRIMINAL PROCEDURE PRAYING TO ENLARGE
                              2

THE PETITIONER ON BAIL IN CRIME No.182/2014 (C.C.
No.15742/2014) OF H.S.R LAYOUT POLICE STATION,
BANGALORE CITY, FOR THE OFFENCES PUNISHABLE
UNDER SECTION 302 READ WITH SECTION 34 OF IPC., AND
UNDER SECTIONS 25 AND 27 OF THE ARMS ACT.


     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:


                        ORDER

Petitioner is the sole accused in Crime No.182/2014 on the file of H.S.R. Layout Police Station, Bangalore. The offences alleged against the petitioner are punishable under Section 302 read with Section 34 IPC and Sections 25 and 27 of the Arms Act. He is in judicial custody since 19.03.2014. Hence, regular bail application is filed under Section 439 of the Criminal Procedure Code.

2. Learned High Court Government Pleader has vehemently opposed the bail application on the ground that there is prima facie material against this petitioner in murdering the deceased Harendra Singh with a gun of this petitioner and that it is too premature to disbelieve the same. He has argued that petitioner is a permanent 3 resident of a place in Madhya Pradesh and if he is released on bail, he is not likely to cooperate with the Court in conducting the trial.

3. Per contra, learned counsel for the petitioner has vehemently argued that the material so collected by the Police do not unequivocally connect this petitioner with the alleged murder of the deceased Harender Singh, which took place on 16.03.2014 in a labour shed of JMC Project India Pvt. Ltd.

4. Perused the records. Admittedly, CW.7 - Ajit Nayak, who was a security guard, on hearing a gun shot sound, rushed towards the labour shed and at that time, he saw four persons running away from the shed. After some time, he went inside the shed and found the dead body of Harender Singh lying in a pool of blood and by the side of the dead body, a gun was also found. This matter was informed to CW.1 - Harul Muthu Raj, a Supervisor in JMC Project India Pvt. Ltd., who in turn, intimated the 4 same to the Police. On the basis of the same, case has been registered.

5. Admittedly, case on hand is based on circumstance. The motive attributed to this petitioner is that the deceased was not looking after his wife, who is the sister of this petitioner and therefore, he was enraged and murdered the deceased. It is a very moot point at this stage as to whether this could be the motive for committing such a heinous crime.

6. Suffice to state that the entire investigation is completed and chargesheet has been filed. Petitioner is not much literate and he is working as a Security Guard in Bangalore. He has undertaken to obey any condition, which may be imposed on him inclusive of attending Court on all hearing dates without fail. Thus, apprehension of the learned High Court Government Pleader could be suitably met by imposing appropriate conditions.

7. In this view of the matter, petition is allowed and bail is granted to the petitioner, subject to the following conditions:-

(i) Petitioner shall be released on bail on his executing a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with one surety, for the likesum to the satisfaction of the concerned Court.

(ii) Petitioner shall not tamper or attempt to tamper any of the prosecution witnesses in any manner.

(iii) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.

(iv) Petitioner shall not involve himself in any criminal activities.

(v) Petitioner shall mark attendance before the respondent - Police on every Sunday between 9 a.m. and 5 p.m. without fail till material witnesses are examined in the Sessions Court.

(vi) It is made clear that violation of any of the conditions imposed on the petitioner would enable the prosecution to seek cancellation of bail.

SD/-

JUDGE sma

Unlock Advanced Research with PRISMAI

Karnataka High Court