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2020 DIGILAW 37 (KAR)

Murugesh @ Afsar v. State Of Karnataka

2020-01-06

S.SUNIL DUTT YADAV

body2020
JUDGMENT 1. The petitioner, who is accused No.1 in the proceedings instituted in Crime No.519/2018 for the offences punishable under Sections 143, 147, 120(B), 302 read with Section 149 of IPC is seeking to be enlarged on bail. 2. The case of the prosecution is that the accused Nos.1 to 3, 5 and 6 had entered into a criminal conspiracy and had gone to the house of CW1 armed with weapons. It is further submitted that accused No.1 is said to have assaulted on the neck of deceased by a sickle. It is stated that accused Nos.1 and 2 by their acts have murdered the deceased by use of sickle. On the basis of compliant, FIR is registered, investigation is complete and charge sheet has been filed. 3. The case of the prosecution as contained in the charge sheet rests on the oral testimony of CW-2 and CW-3 and it is only these two witnesses who are said to be the eye-witnesses to the incident. 4. It is submitted that the petitioner is in custody since 07.12.2018. The investigation is complete and the evidence of CW-2 and CW-3 is also complete. The said two witnesses have turned hostile. The proof of the case as made out against the accused is to be established in trial. The present proceedings cannot be construed to be punitive in nature. There are no criminal antecedents as regards the petitioner herein. The other accused have been enlarged on bail. 5. Taking note of the fact that evidence of CW2 and CW3 is complete, it is a case to consider grant of bail as regards the petitioner. 6. Accordingly, the petition filed by the petitioner under Section 439 of Cr.P.C., for the offences punishable under Sections 143, 147, 120(B), 302 read with Section 149 of IPC is allowed, subject to following conditions: (i) Petitioner shall execute a personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum before the concerned court. (ii) Petitioner shall not indulge in any criminal activities henceforth. (iii) Petitioner shall not tamper with evidence, influence in any way any witness. (iv) Petitioner shall co-operate for disposal of the trial and attend the court regularly. (v) Any violation of the aforementioned conditions, shall result in automatic cancellation of bail. 7. (ii) Petitioner shall not indulge in any criminal activities henceforth. (iii) Petitioner shall not tamper with evidence, influence in any way any witness. (iv) Petitioner shall co-operate for disposal of the trial and attend the court regularly. (v) Any violation of the aforementioned conditions, shall result in automatic cancellation of bail. 7. The observations made herein are only for the purpose of disposal of this petition and are not to be treated as conclusive.