Raju @ Rajappa S/o Tayanna v. State of Karnataka (Through Yeragera Police Station) Represented by Addl. State Public Prosecutor High Court of Karnataka Kalaburagi Bench
2017-02-07
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioner/accused Nos.1 to 4 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.84/2015 of (P.C.No.16/2015) pending on the file of J.M.F.C., Court, Raichur for the offences punishable under Section 302 r/w 34 of IPC. 2. Brief facts leading to filing of the complaint are that, one Komalraj who is cousin of deceased David filed a complaint alleging that, David had lost his parents and was residing with the complainant along with accused No.2 at Hanamapur. Accused No.2 was having an illegal intimacy with accused No.1. After coming to know illegal intimacy of accused No.2, the deceased David husband of accused No.2 made enquiry with her and accused No.1. After coming to know the said fact, accused Nos.1 and 2 along with accused Nos.3 and 4 were intending to take away his life. In that background, on 06.06.2015 when the deceased was coming from Adoni to Hanamapur, at that time at about 10:50 p.m. they committed murder. It that light, a private complaint came to be filed by the complainant, the matter was referred to the police for the purpose of the investigation. The police after investigation have filed ‘B’ report. When Court issued notice to the complainant, the complainant has challenged the ‘B’ report and the Court has after recording the evidence in protest petition, taking the cognizance has issued the summons. Accused – petitioners being apprehended are before this Court. 3. Heard the arguments of the learned counsel for the petitioners and learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioners are that the alleged complaint has been lodged after lapse of one year. There are no eyewitnesses to the alleged incident and accused petitioners are not at all involved in any of the alleged crime. The injuries found on the deceased were anti mortem in nature. Therefore, it is not homicidal death, it is suicidal one. He has further contended that accused petitioners are respectable members of the society and they have got both movable and immovable properties, therefore, there is no chance of they being absconded. It is further contended that if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and they are ready to offer sureties.
It is further contended that if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and they are ready to offer sureties. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent State vehemently contended that accused petitioners with an ill will have taken an opportunity and have caused the death. The private complaint has clearly discloses that it is accused persons who have committed murder of the deceased. The matter is still under investigation, at this juncture, if the petitioners are released on bail, there is likelihood of they being absconded and they may not be available for trial. On these grounds, he prays for dismissal of the petition. 6. I have perused the FIR, complaint and other material produced along with the petition and also the grounds urged in the bail petition. By going through the said records it indicate that the private complaint came to be filed on 18.11.2015, thereafter, after investigation, Police filed ‘B’ report, same was challenged by the complainant by filing a protest petition, after recording the evidence of the complainant and witnesses, the Court has taken the cognizance. Being apprehended of the arrest, petitioners are before the Court. Whether they have committed the alleged crime or not, is matter which will be decided after full material is produced before the Court. When petitioners apprehending their arrest and when there is delay in filing the complaint, I feel if accused petitioners are released on bail, by imposing some stringent conditions, it would meet the ends of justice. 7. For the aforementioned reasons, the petition is allowed. The respondent Police are hereby directed to release the petitioner/accused Nos.1 to 4 on bail, in the event of their arrest, for the above said offences, subject to the following conditions : i. The petitioners shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two solvent sureties each for the likesum to the satisfaction of the arresting authority. ii. The petitioners shall not tamper with any of the prosecution witnesses directly or indirectly. iii. The petitioners shall appear before the investigating officer as and when required and cooperate for investigation. iv.
ii. The petitioners shall not tamper with any of the prosecution witnesses directly or indirectly. iii. The petitioners shall appear before the investigating officer as and when required and cooperate for investigation. iv. The petitioners shall mark their attendance before the Investigating Officer once in fortnight; v. The petitioners shall appear before the jurisdictional Court and execute personal bonds, surety bonds and furnish sureties within fifteen days from the date of receipt of certified copy of this order.