Research › Search › Judgment

Karnataka High Court · body

2019 DIGILAW 883 (KAR)

B. G. Maregowda v. State By Koratagere Police Station Koratagere, Bengaluru

2019-04-11

B.A.PATIL

body2019
JUDGMENT : B.A. Patil, J. Criminal Petition No.1396/2019 has been filed by petitioners/accused Nos.14 and 13 under Section 438 of Cr.P.C. to release them on anticipatory bail. Criminal Petition No.1397/2019 has been filed by petitioner/accused No.7 under Section 439 of Cr.P.C. to release him on bail in Crime No.8/2019 of Koratagere Police Station, Tumakuru, for the offences punishable under Sections 302 and 201 of Indian Penal Code. 2. I have heard the learned Senior Counsel Sri.Ravi B. Naik, appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State. 3. The gist of the complaint is that on 8.1.2019 at about 9.30 a.m. when the complainant was proceeding on the road, he found a crowd of 30 to 35 persons and immediately he went there and found the dead body of a male person aged about 35 years. He noticed some injuries over the body of the deceased and he thought that some miscreants have committed the murder of the said person. Accordingly, the complaint was filed. Subsequently, during the course of investigation, the body was identified by the mother and sister and on the basis of the statement recorded, they came to know that some miscreants have committed the murder. During the course of investigation the Investigating Officer came to know that the deceased was married to one Nalina and they had two kids and thereafter the deceased was left his wife and working as a driver with petitioner/accused No.7. It is further revealed that the deceased has eloped along with daughter of the petitioner/accused No.7 and because of that animosity petitioner/accused No.7 conspired with other accused persons has committed the murder of the deceased. 4. It is the submission of the learned Senior counsel for the petitioners/accused that only on the basis of the suspicion a case has been registered as against the petitioner/accused No.7 only because the deceased has eloped with daughter of the petitioner/accused. He further submitted that there are no eyewitnesses to the alleged incident and entire case rests on circumstantial evidence. The petitioner/accused is not required for the purpose of either investigation or interrogation. No recoveries have been made at the instance of the petitioner/accused. He is ready to co-operate with the investigation and ready to abide by the conditions imposed by this Court and ready to offer the sureties. 5. The petitioner/accused is not required for the purpose of either investigation or interrogation. No recoveries have been made at the instance of the petitioner/accused. He is ready to co-operate with the investigation and ready to abide by the conditions imposed by this Court and ready to offer the sureties. 5. He further submitted that insofar as the petitioners/accused Nos.14 and 13 are concerned, no incriminating material has been produced to connect the petitioners/accused except stating that they have conspired with other accused persons. No overt acts have been attributed as against the petitioners/accused. They apprehend their arrest and they are ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petitions and to release the petitioners on anticipatory bail and bail. 6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there is motive as against the petitioner/accused No.7. Because of the deceased has developed intimacy with the daughter of the petitioner/accused No.7, thereafter he eloped and because of the said animosity he conspired with other accused persons and subsequently he eliminated the deceased by assaulting by accused Nos.2 and 3. She further submitted that petitioner/accused No.7 has shown the spot where they have conspired and a mahazar has been drawn in this behalf. She further submitted that during the course of voluntary statement of the accused, they have stated that accused Nos.14 and 13 have also conspired with other accused persons and their presence is very much necessary for the purpose of investigation or interrogation. She further submitted that the stained clothes have also been recovered at the instance of the accused persons. There is strong material as against the petitioners/accused for having involved in a serous offence which is punishable with death or imprisonment for life. On these grounds she prayed to dismiss the petitions. 7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. 8. Admittedly the entire case rests on circumstantial evidence. There are no eyewitnesses to the alleged incident. The only circumstances as against the petitioner/accused No.7 is that the deceased developed intimacy with the daughter of the petitioner/accused No.7 and thereafter he eloped and because of that he conspired with other accused persons and eliminated the deceased. 8. Admittedly the entire case rests on circumstantial evidence. There are no eyewitnesses to the alleged incident. The only circumstances as against the petitioner/accused No.7 is that the deceased developed intimacy with the daughter of the petitioner/accused No.7 and thereafter he eloped and because of that he conspired with other accused persons and eliminated the deceased. That is the matter which has to be considered and appreciated only at the time of trial. Insofar as petitioner/accused Nos.14 and 13 are concerned, no incriminating material is there except that they have conspired with the other accused persons. Though it is contended by the learned High Court Government Pleader that the petitioners/accused are required for the purpose of investigation or interrogation, even if they are released on anticipatory bail, this Court can direct them to co-operate with the investigation. Under the said facts and circumstances, I feel that if by imposing some stringent conditions if petitioners/accused are ordered to be released on anticipatory bail, it is going to meet the ends of justice. 9. In the light of the discussions held by me above, Criminal Petition No.1396/2019 is allowed and petitioners/accused Nos.14 and 13 are ordered to be released on anticipatory bail in the event of their arrest in Crime No.8/2019 of Koratagere Police Station, for the offences punishable under Sections 302 and 201 of Indian Penal Code, subject to the following conditions: (i) Each of the petitioners/accused Nos.14 and 13 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties each for the like sum to the satisfaction of the Investigating Officer. (ii) They shall surrender before the Investigating Officer within 15 days from today. (iii) They shall not tamper with the prosecution evidence directly or indirectly. (iv) They shall mark their attendance in the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded. (v) They shall not leave the jurisdiction of the Court without prior permission. (vi) They shall not indulge in similar type of criminal activities. 10. (iv) They shall mark their attendance in the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded. (v) They shall not leave the jurisdiction of the Court without prior permission. (vi) They shall not indulge in similar type of criminal activities. 10. Criminal Petition No.1397/2019 is allowed and petitioner/accused No.7 is ordered to be released on bail in Crime No.8/2019 of Koratagere Police Station, for the offences punishable under Sections 302 and 201 of Indian Penal Code, subject to the following conditions: (i) The petitioner/accused No.7 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court. (ii) He shall not tamper with the prosecution evidence directly or indirectly. (iii) He shall mark his attendance in the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded. (iv) He shall not leave the jurisdiction of the Court without prior permission. (v) He shall not indulge in similar type of criminal activities.