Karnataka High Court
Reddappa Chari vs The State Of Karnataka By on 15 July, 2016
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2016
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.4596 OF 2016
BETWEEN:
REDDAPPA CHARI
S/O. KRISHNA CHARI
AGED ABOUT 46 YEARS
R/AT CHANDALLA VILLAGE
PUNGUNUR MANDAL
CHITTOR DISTRICT - 517 247
ANDHRA PRADESH.
...PETITIONER
(BY SRI.B. ANAND, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY
DIBBUR HALLI POLICE
CHICKABALAPURA DISTRICT
PIN CODE - 563 124.
...RESPONDENT
(BY SRI.S.VISHWAMURTHY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.3/2016 (S.C.NO.27/2016) OF DIBBURAHALLI
P.S.,CHICCKABALLAPURA FOR THE OFFENCE P/U/S 363,
170, 120(B) AND 302 R/W 34 OF IPC.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is arrested on 10.1.2016 arraigning him as accused No.9 in connection with S.C.No.27/2016 on the file of II Addl. District & Sessions Judge, Chintamani for the offences punishable under Sections 363,170,120(B), 302 r/w Sec. 34 IPC.
2. Charge sheet papers discloses that the accused persons and the deceased Govindu belong to Chadlla village in Punganoor Taluk and they had some property disputes in respect of Sy.No. 256/4 and 251/1. In this back ground, all the accused persons are waiting for an opportunity to do away with the life of the deceased. In this back ground, it is alleged that on 7.1.2016 all the accused persons have formed into an unlawful assembly and hatched A conspiracy to do away with the life of the deceased. The first information report of course does not say anything about the conspiracy of this Accused No.9 with other accused persons. The 3 allegation is only against accused No.1 and 2 that they have actually committed the death of the deceased by strangulating him with a seat belt. There is no dispute with regard to the homicidal death of the deceased.
3. During the course of investigation, the police have recorded the statement of one Ganesh on 8.1.2016, i.e., on the next date of the incident, wherein he has stated that on the date of the incident all the accused persons were talking with each other in the land of one Reddappachari i.e., this petitioner and they have taken decision to do away with the life of the deceased. Except this, there is absolutely no other allegations against this petitioner that he actually participated in commission of the offence . He is cited as an absentee abductor and conspirator in the case.
4. Looking to the above said facts and circumstances, when there is no direct participation is alleged, the conspiracy has to be established during the course of full dressed trial. Even from the statement of Ganesh a doubt creates with 4 regard to the presence of this petitioner along with other accused persons. But it creates an impression that this petitioner has also joined hands with the other accused persons in hatching plan to do away with the life of the deceased. Therefore, under the above said circumstances, in my opinion, the petitioner is entitled to be enlarged on bail merely under Section 439 of Cr.P.C., as he was arrested on 10.1.2016 and trial also may take sufficient time to conclude. Hence, the following:
ORDER
i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional court.
ii) Petitioner shall appear before the jurisdictional court on all future hearing dates unless exempted by any genuine cause.5
iii) Petitioner shall not indulge in
tampering prosecution witnesses.
iv) Petitioner shall not leave the
jurisdiction of the trial court without prior permission till the case registered against him is disposed of.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10 AM and 5 PM before the Investigating Officer for a period of two months or till charge sheet is filed whichever is earlier.
Sd/-
JUDGE Psg*