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2013 DIGILAW 41 (KAR)

Prakash Reddy v. State by Electronic City Police Station, Bangalore

2013-01-07

K.N.Keshavanarayana

body2013
ORDER K.N. Keshavanarayana, J : In this petition filed under Section 439 of Cr.P.C., the petitioner has sought for an order to enlarge him on bail in C.C.No.4585/12 on the file of Chief Judicial Magistrate, Bangalore Rural District. Bangalore registered for the offences punishable under Sections 143, 144, 147, 148, 120-B, 302 and 201 read with Section 149 of IPC has sought for an order to enlarge him on bail. 2. According to the case of the prosecution, at about 6.00 p.m. on 11.5.2012 while the police staff attached to Electronic City Police Station were on patrolling duty they received an information about an unknown dead body of a male lying in Raja Kaluve near Vittasandra village. Immediately, the police party went there, saw the dead body of a male lying in a highly decomposed state and immediately one Ravi, Police Constable lodged a report based on which case in UDR No.20/12 under Section 174(c) of Cr.P.C. came to be registered. During investigation, the inquest was held over the dead body and later it was subjected to post mortem examination. The Doctor who conducted post mortem examination after noticing several injuries over the dead body, submitted the report on 14.5.2012 to the effect that the death was due to multiple chop injuries sustained. On receipt of report, the UDR case registered earlier was converted into a Crime Case in No. 147/12 for the offences punishable under Sections 302 and 201 of IPC against unknown persons. During investigation, it appears on 6.6.2012, one Azam Pasha CW6, on the basis of the photographs of the dead body and also clothes found on the dead body, identified the deceased as his elder brother Babu. In the meanwhile, this petitioner along with other four persons reported to have surrendered voluntarily before the jurisdictional Magistrate on 28.11.2012 in connection with this case and thereafter they were given to police custody. According to the prosecution, at the instance of this petitioner, car said to have been used in the commission of the offence has been recovered. In the meanwhile, this petitioner along with other four persons reported to have surrendered voluntarily before the jurisdictional Magistrate on 28.11.2012 in connection with this case and thereafter they were given to police custody. According to the prosecution, at the instance of this petitioner, car said to have been used in the commission of the offence has been recovered. The investigation revealed that the accused persons hatched a conspiracy to do away with the life of the deceased and in furtherance of the conspiracy, accused No.1 went to the house of the deceased in the evening of 9.5.2012, took him from there and ultimately he was done to death by assaulting with dangerous weapons and thereafter the dead body was thrown into Raja Kaluve. Thereafter on completion of investigation, charge sheet came to be filed. The application filed by the petitioner before the learned Sessions Judge for grant of bail came to be rejected. Therefore, he is before this Court. 3. The petition is opposed by the respondent-State. 4. I have heard both sides. Perused the records made available. 5. At this stage, from the contents of post mortem report, it is prima facie clear that the deceased Babu has met with a homicidal death. At this Stage, the materials on record prima facie indicates that unknown dead body found by the police in Raja Kaluve on 11.5.2012 was that of Babu, eider brother of CW.6. Even according to the case of the prosecution, the deceased was taken out of the house on 9.5.2012 by accused No. 1. As per the report dated 16.6.2012 submitted by the Sub-Divisional Magistrate, Bangalore Sub-division, on 6.6.2012, CW.6 Azam identified the unknown dead body on the basis of the clothes as that of his elder brother Babu. From this it is prima facie clear that it was only on 6.6.2012 the identity of the deceased was disclosed. Therefore, having regard to the facts and circumstances of the case, at this stage, I am of the considered opinion that there are no reasonable grounds to believe the complicity of this petitioner in the commission of the offences alleged. Therefore, he is entitled to be enlarged on bail. 6. Hence, the petition is allowed. Therefore, having regard to the facts and circumstances of the case, at this stage, I am of the considered opinion that there are no reasonable grounds to believe the complicity of this petitioner in the commission of the offences alleged. Therefore, he is entitled to be enlarged on bail. 6. Hence, the petition is allowed. The petitioner is ordered to be enlarged on bail in C.C.No.4585/12 on the file of Chief Judicial Magistrate, Bangalore Rural District (Crime No, 147/12 of Electronic City Police Station, Bangalore) on his executing a personal bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) with two sureties for the like sum to the satisfaction of the Jurisdictional Magistrate/Sessions Judge and subject to further conditions that, i) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner; ii) The petitioner shall not indulge in any acts similar to the one alleged in the case; iii) The petitioner shall appear before the trial Court on all hearing dates without fail; iv) The petitioner shall not go out of the jurisdiction of the Sessions Court without express permission thereof and v) The petitioner shall mark his attendance before the respondent-Police on every Saturday between 10.00 a.m. to 5.00 p.m., till the disposal of the case.