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2020 DIGILAW 1905 (KAR)

Mahalinga @ Pradeepa v. State Of Karnataka

2020-09-30

B.A.PATIL

body2020
JUDGMENT B.A. Patil, J. - This petition has been filed by the petitioner/accused under Section 439 of Cr.P.C to release him on bail in Crime No.22/2020 of Belakavadi Police Station, Mandya, (C.C.No.29/2020) (pending on the file of the Principal Civil Judge & JMFC (Sr. Dn), Malavalli), for the offences punishable under Sections 302 and 201 of IPC. 2. I have heard the learned counsel Kum.Raksha Keerthana K for Sri.Kemparaju and learned HCGP Sri.Mahesh Shetty for the respondent-State. 3. The case of the prosecution in short is that on 7.2.2020 at about 9 p.m, petitioner/accused being the brother of the deceased Sowbhagyamma was watching and when the deceased Sowbhagyamma opened the door, he held a stone in his hand and tried to snatch the golden chain from her neck. When she resisted for the same, he held her turf and when she tried to make a hue and cry, he took out the stone which was there on his left hand and assaulted on the head and as a result of the same, she fell down and died. He destroyed his clothes by burning and on 9.2.2020, he went to the pawn brokers shop and pledged the articles and has taken Rs.55,000/-. Subsequently, a complaint has been registered by the brother of the deceased. 4. It is the submission of the learned counsel for the petitioner/accused that already the investigation has been completed and charge sheet has been filed. There are no eye witnesses to the alleged incident. It is her further submission that the alleged incident has taken place on 7.2.2020 but the complaint has been registered on 10.2.2020 belatedly and even when the complainant visited, the body was lying in the house and he has observed the injuries. It is her further submission that post mortem has been conducted on 11.2.2020 but in the post mortem, no such averment has been mentioned stating that the body is decomposed. When the alleged incident has taken place on 7.2.2020 and the post mortem has been conducted on 11.2.2020 and even when it has not been mentioned that the body has not decomposed, then under such circumstances, it creates a doubt that the alleged incident has not taken place on 7.2.2020. A false case has been registered as against the petitioner/accused. It is his further submission that only on suspicion the petitioner/accused has been apprehended and charge sheet has been filed. A false case has been registered as against the petitioner/accused. It is his further submission that only on suspicion the petitioner/accused has been apprehended and charge sheet has been filed. He is ready to abide by the conditions imposed by this court and ready to offer sureties. On these grounds, he prayed to allow the petition and release him on bail. 5. Per contra, learned HCGP vehemently argued and submitted that after the arrest of the accused, the amount which has been taken by pledging the gold articles belonging to deceased has been recovered and even the petitioner/accused has also confessed about the commission of the offence. On these grounds, he prayed to dismiss the petition. 6. On careful perusal of the contents of the documents, it creates a doubt that as per the case of the prosecution, the alleged incident is said to have taken place on 7.2.2020 at about 9 p.m and the complaint has been registered on 10.2.2020 at about 12 p.m and the post mortem report has been conducted on 11.2.2020. There is no whisper about the conditions of the body. Even though the death has taken place about five days prior to the conducting of the post mortem and if the body has not been kept in cold storage, then it has to be decomposed. Under such circumstances, it creates a doubt that the entire case is based on circumstantial evidence. 7. Under the above said facts and circumstances, I am of the considered opinion that if by imposing some stringent conditions, if the petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice. 8. In that light, the petition is allowed and the petitioner/accused is ordered to be released on bail in Crime No.22/2020 of Belakavadi Police Station, Mandya, (C.C.No.29/2020) (pending on the file of the Principal Civil Judge & JMFC (Sr. Dn), Malavalli), for the offences punishable under Sections 302 and 201of IPC, with following conditions: i) The petitioner/accused 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 Trial Court. ii) He shall not tamper with the prosecution evidence directly or indirectly. iii) He shall be regular in attending the trial. iv) He shall not indulge in similar type of criminal activities. ii) He shall not tamper with the prosecution evidence directly or indirectly. iii) He shall be regular in attending the trial. iv) He shall not indulge in similar type of criminal activities. v) He shall not leave the jurisdiction of the Court without prior permission. vi) He shall mark his attendance once in a month on every first in between 10.00 a.m. and 5.00 p.m. before the jurisdictional police till the trial is concluded. If he violates any one of the conditions, respondent- Police is at liberty to move for cancellation of the bail.