Hemanth @ Hemanth Kumar @ Hemi S/o Mohan Rao v. State of Karnataka
2017-09-01
RATHNAKALA
body2017
DigiLaw.ai
ORDER : 1. Heard Sri Mohammed Pasha C, learned counsel for the petitioners and Sri Chetan Desai, learned High Court Government Pleader for the respondent-State. 2. The petitioners (Accused Nos.5 and 6) along with 14 others are charge sheeted by the respondent police in respect of the offences punishable under Sections 143, 147, 148, 120B and 302 r/w Section 149 of IPC. 3. The allegation is, in pursuance of their enemity with the deceased, accused Nos.1 to 4 and 14 to 16 conspired to finish him off. Accused Nos.4 to 14 arrived at Channapatna town for accomplishment of their mission. On 17.03.2017, accused Nos.1 to 6 searched for deceased in their car and accused Nos.7 to 11 and 14 were deployed at various places of the town to trace the deceased. On receiving message from accused No.7, accused Nos.1 to 6 waylaid the scooter on which the deceased was proceeding as a pillion rider and assaulted him to death with lethal weapons. 4. The statements of two eye witnesses – CWs.2 and 3 was recorded on 19.03.2017 and they named these petitioners. Accordingly, these petitioners were arrested on 27.03.2017 and on the voluntary statement of these petitioners, weapons allegedly used by them in the incident were seized from a open space under the fence. 5. Sri Mohammed Pasha C, learned counsel for the petitioners submits that, in the remand application submitted by the Investigating Officer on 22.03.2017, he has mentioned about the eye witnesses referring to Accused Nos.1, 2, 3, 9, 10 and 11. There is nothing indicating that the eye witnesses have stated about the overt act of these petitioners at the time of investigation. One Viji and Santhosh were cited as main assailants, but, at the time of submitting charge-sheet, they are dropped without assigning any reasons. Until 27.03.2017, these petitioners were not arraigned as accused persons. It is only on the voluntary statement of arrested accused No.1, the recovery mahazar is created and the statement of eye witnesses is also manipulated. The petitioners are respectable persons and have no hands in the alleged offence. Since the charge-sheet is submitted, they may be enlarged on bail. 6. Sri Chetan Desai, learned HCGP opposes the petition and submits that, any omissions or lapses in the investigation shall not benefit the accused persons. At the instance of these petitioners, weapons used by them for commission of the offence are recovered.
Since the charge-sheet is submitted, they may be enlarged on bail. 6. Sri Chetan Desai, learned HCGP opposes the petition and submits that, any omissions or lapses in the investigation shall not benefit the accused persons. At the instance of these petitioners, weapons used by them for commission of the offence are recovered. If they are enlarged on bail, they will disappear forever, thereby stalling the trial. 7. With the above submissions, perused the charge-sheet papers. The petitioners are said to be the permanent residents of the cause title address and family holders. Charge-sheet since filed, there is no impediment to allow the petition if their presence can be secured during the trial. Petition is allowed. Petitioner Nos.1 and 2 are enlarged on bail in Crime No.24/2017 registered by the respondent-police, subject to the following conditions: (i) Theyshall execute a self bond for a sum of Rs.2,00,000/- (Rupees two lakh only) each, with two local sureties for the like-sum to the satisfaction of the concerned Court. The sureties shall furnish their original title deeds pertaining to their immovable properties and also their ID cards/Aadhar cards for perusal of the Court. They shall not have any previous history of offering surety to the accused in any criminal case/s. (ii) Theyshall attend the Court regularly on all hearing dates; and (iii) Theyshall not terrorize or prevail upon the prosecution witnesses.