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2020 DIGILAW 1713 (KAR)

Ananda v. State Of Karnataka

2020-09-04

B.A.PATIL

body2020
JUDGMENT B.A. Patil, J. - The present petition has been filed by the petitioner/accused No.4 under Section 439 of Cr.P.C., seeking his release on bail in Crime No.47/2020 of City Market Police Station (CC No.5839/2020) pending on the file of 9th Additional CMM Court, Bengaluru for the offence punishable under Section 302 r/w Section 34 of IPC. 2. I have heard the learned counsel Sri.B.R.Manjunath for the petitioner-accused virtually and Sri.Divakar Maddur, learned High Court Government Pleader for respondent-State. 3. The gist of the case of the prosecution in brief are that on 26.02.2020 at about 3.00 am, there was an altercation between complainant s husband and others. When she and her grand mother Sarojamma came to know about the altercation and when they went to the spot, her husband was lying dead and there were injuries on his neck, fore head and other parts of the body. It is alleged that Mr.Chinnathambi and others were murdered her husband due to animosity. Based on a complaint, a case in Crime No.47/2020 has been registered. 4. It is the contention of the learned counsel for the petitioner that a serious allegations are made against accused Nos.1 and 2 and no other allegations have been made insofar as the petitioner-accused No.4 is concerned. The only allegation which has been made as against accused No.4 is that when accused Nos.1 and 2 came to Tamil Nadu after commission of the offence, accused No.4 gave shelter to them and he also helped them in tampering the evidence by destroying the clothes stained with blood. It is submitted that no overt-acts have been alleged against the petitioneraccused No.4. It is further submitted that the only provision which is applicable as against the petitioneraccused No.4 at the most is Section 201 IPC. The said offence is not punishable with death or imprisonment for life. The petitioner-accused No.4 is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.4 on bail. 5. Per contra, learned High Court Government Pleader vehemently argued and submitted that accused No.4 has involved in a serious offence which is punishable with death or imprisonment for life. He further submitted that if the petitioner-accused No.4 is released on bail, he may not be available for trial and he may abscond. 5. Per contra, learned High Court Government Pleader vehemently argued and submitted that accused No.4 has involved in a serious offence which is punishable with death or imprisonment for life. He further submitted that if the petitioner-accused No.4 is released on bail, he may not be available for trial and he may abscond. On these grounds, he prayed to reject the petition. 6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records. 7. On perusal of the charge sheet material, it indicates that because of previous animosity, accused Nos.1 and 2 who have assaulted the deceased and committed murder and thereafter accused Nos.1 and 2 went to the house of the accused No.4 at Tamil Nadu and accused No.4 has given shelter to them and he has also helped them to destroy the cloth stained with blood. Except that, no serious allegations have been made as against petitioner-accused No.4. Taking into consideration, the allegations made against the petitioner-accused No.4, I am of the considered opinion that by imposing some stringent conditions, if the petitioner-accused No.4 is ordered to be released on bail, it is going to meet the ends of justice. 8. In the light of discussions held by me above, petition is allowed and the petitioner-accused No.4 is ordered to be released on bail in Crime No.47/2020 of City Market Police Station for the offence punishable under Section 302 r/w Section 34 of IPC. subject to the following conditions: 1. Petitioner-accused No.4 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. 2. He shall mark his attendance once in a month i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the trial is concluded. 3. He shall not tamper with the prosecution evidence directly or indirectly. 4. He shall not leave the jurisdiction of the Court without prior permission. 5. He shall regularly appear before the Court for trial.