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2017 DIGILAW 855 (KAR)

Dashavanth S/o Basavaraj Kanamuskar v. State Through University P. S. , Kalaburagi

2017-05-30

B.A.PATIL

body2017
ORDER : This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.329/2016 of University Police Station, registered for the offences punishable under Sections 302 and 201 of IPC and under Section 3(1)(X), 3(2)(v) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act (hereinafter referred to as SC/ST Act). 2. Brief facts leading to filing of the complaint are that, one Parashuram is having four children and the complainant is the eldest among them. On 17.9.2016 at about 7:00 PM, the deceased Rahul went out of the home and he did not return back and even he did not picked up phone calls. The complainant and his family members were under the impression that he might be with his friends and would return to home in the morning and kept quite. On 18.9.2016 at about 7:30 AM, they received a phone call by the University Police and the complainant was asked to quickly come at the back of Siddi Priya Hotel on Sedam Road. Subsequently, complainant, his father and brother went there and there they found that the neck of the Rahul was cut and he was stabbed below the chest with lethal weapons and some miscreants have done that act in between the intervening night of 17/18-09-2016. On the basis of the complaint, a case was registered and during the course of investigation the accused persons were came to be arrested and their voluntary statements have been recorded. 3. Though this case was called out on previous hearing date, the learned counsel for the petitioner remained absent and as such the case was posted today. Today, also the counsel appearing for the petitioner remained absent. As such, case is taken up for disposal on merits. 4. I have heard the learned Addl. SPP appearing for respondent-State. 5. The main grounds urged by the learned counsel for the petitioner in his petition is that the accused person is nothing to do with the alleged offences. He has been falsely implicated in this case. Earlier the case was registered against unknown persons for the offence punishable under Sections 302 & 201 of IPC and subsequently Sec.3 (1) (X) & 3(2) (v) of SC/ST Act has been inserted. He has been falsely implicated in this case. Earlier the case was registered against unknown persons for the offence punishable under Sections 302 & 201 of IPC and subsequently Sec.3 (1) (X) & 3(2) (v) of SC/ST Act has been inserted. It is further contended that there are no eyewitnesses to the alleged incident and the petitioner has been falsely implicated only on the count that he is the friend of the other accused persons. He would further contend that the motive, which is alleged is not at all there at the time of the alleged incident. It is also further contended that the charge-sheet has been already filed and since 24.11.2016 accused-petitioner is in custody. Only evidence available against the petitioner is that of voluntary statement of the accused it is not admissible in the evidence. He would further contend that he has got both movable and immovable properties and he is ready to abide by the conditions to be imposed by this Court and also ready to offer sureties. On these grounds, he prays for allowing the petition. 6. On the contrary, learned Addl. SPP would contend that there are eyewitnesses to the alleged incident. The accused-persons with a malafide intention took the deceased in the intervening night of 17/18-9-2016 and demanded to return the money. When he refused to return the money, then at the first instance they assaulted and took him on a motorcycle and thereafter they have assaulted with lethal weapons on his chest and neck and thereby caused the grievous injuries and as a result of the same, the deceased succumbed to the said injuries. He would further contend that there is voluntary statement of the accused and there are eyewitnesses to the alleged incident. It is specifically stated that it is the accused persons who have caused the death of the deceased. He would further contend that the accused petitioner has committed a heinous offence, which is punishable with death or imprisonment for life. If at this stage, accused-petitioner is released on bail, there is every chance of he being absconding and he may not available for trial. On these grounds, he prayed for dismissal of the bail petition. 7. I have gone through the contents of the complaint and the charge sheet material which has been made available by the learned Addl. SPP. 8. On these grounds, he prayed for dismissal of the bail petition. 7. I have gone through the contents of the complaint and the charge sheet material which has been made available by the learned Addl. SPP. 8. By going through the contents of the chargesheet material there are eyewitnesses to the alleged incident who have categorically stated that it is the accused No.1, 2 and 3 they took the deceased on a motorcycle and thereafter, it is accused No.2 who assaulted on the chest and subsequently accused No.1 also took the same knife and assaulted at the same place and also on the neck and thereby caused the death of the deceased and thereafter they ran away from that place and there are eyewitnesses to the alleged incident and the offences which has been committed by the accused-petitioner are punishable with death or imprisonment for life and even the post mortem report also indicate that the deceased has suffered as many as seven injuries on his vital part of the body and death is also due to the said injuries. Under such circumstances, there are no good grounds so as to grant the bail to the petitioner. Hence, for the above said reasons, the petition stands dismissed.