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2020 DIGILAW 730 (KAR)

Subhash v. State Of Karnataka

2020-03-16

K.NATARAJAN

body2020
JUDGMENT K. Natarajan, J. - Learned High Court Government Pleader takes notice for respondent-State. 2. This petition is filed by the petitioner/accused under section 439 of Cr.P.C. for granting regular bail. 3. The petitioner is accused in Crime No. 165/2019 of Sedam Police for the offences punishable under sections 302 of IPC. 4. The case of the prosecution is that on the complaint of son of the deceased namely Gnaneshwar, police registered a case against the accused. It is alleged by the son of the deceased that his father died five to six years back and his mother was having illicit relationship with accused and a date prior to the incident accused came to his house and took his mother on his motorcycle and on the day she did not return to home. Therefore he telephone to their mother but the accused took up the mobile phone of his mother and informed that his mother was admitted to hospital and they went there and came to know that his mother sustained head injuries and died. Later a complaint came to be filed that the accused committed murder of his mother. After registration of the case, the police arrested the accused on 24.09.2019 and since then he is in judicial custody. While interrogation, the police have recorded the voluntary statement of accused that he has confessed that he assaulted the deceased with wooden club and caused murder to avoid suspicion he himself brought the deceased to the hospital and informed them that she met with an accident. Thereafter, the deceased declared dead by the hospital authorities. 5. Learned counsel for the petitioner seriously contended that petitioner is innocent of alleged offences and he has been falsely implicated in the case. He himself took the victim and got admitted to the hospital. The victim was in alcoholic drunken state. She fell down from the motorcycle on the road and sustained injury on the right side of head including abrasion over the right arm and elbow joint. There is only one head injury if at all the accused has intention to commit murder, he would have taken the deceased to a lonely place and committed murder. She fell down from the motorcycle on the road and sustained injury on the right side of head including abrasion over the right arm and elbow joint. There is only one head injury if at all the accused has intention to commit murder, he would have taken the deceased to a lonely place and committed murder. There is no necessity for him to bring the injured to the hospital and to provide treatment, that itself goes to show that he bonafidely tried to save the life of the deceased by shifting the deceased to the hospital. There was dispute between the deceased and children. He has been falsely implicated in the case. The police have filed the charge sheet and he is not required for any investigation. Hence, he prayed for granting of bail. 6. Per contra, learned High Court Government Pleader objected the same and contended that offence is very serious in nature. The accused has committed the murder of a woman by taking her from the house and there are 5 to 6 witnesses who have seen the accused in the company of the deceased. Therefore, the complaint shows that accused is the cause for the murder of the deceased. Merely investigation is completed and charge sheet is filed that itself is not a ground to grant bail. hence, he prayed for rejection of the bail. 7. Upon hearing the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader and perusing the records, it goes to show that the son of the deceased filed a complaint against the police for the death of his mother and it also reveals that on 23.09.2019, the accused took his mother from their house and accused had intimacy with the deceased and when mother did not return to the house, he called over phone to his mother, at that time, accused received the mobile call and intimated that his mother was admitted to the hospital due to accidental injuries. They came to the Sedam government hospital and thereafter they came to know that accused took the deceased to the Basaveshwar Hospital at Kalaburagi where his mother was died. In the inquest panchanama it shows that accused brought the deceased to the hospital and got admitted and stated that she fell down from the motorcycle. They came to the Sedam government hospital and thereafter they came to know that accused took the deceased to the Basaveshwar Hospital at Kalaburagi where his mother was died. In the inquest panchanama it shows that accused brought the deceased to the hospital and got admitted and stated that she fell down from the motorcycle. Though voluntary statement recorded by the police, the accused confess before the police that he himself assaulted with wooden club on the head and to avoid public he falsely stated she met with an accident and admitted to the hospital. However, the statement of the witnesses recorded by the investigating officer shows that they have seen the victim in the company of accused, that is not in dispute. The post mortem report shows that the deceased met with a head injury and died. However there is no mention about the toddy found in the stomach of the deceased. 8. Considering the facts and circumstances of the case, at this stage, the Court cannot come to the conclusion that accused is the main cause for injury and committed murder which is exclusively punishable with death or life imprisonment. Therefore looking to the facts and circumstances without expressing any opinion on merits of the case, it is a fit case for grant of bail. The investigation is already completed and charge sheet is filed. The accused is in judicial custody since 24.09.2019 for nearly six months. Therefore, I hold that petitioner is entitled for bail. Hence, I proceed to pass the following: ORDER The bail petition filed under section 439 of Cr.P.C. is allowed. The Committal Court/Trial court is ordered to release the petitioner on bail in Crime No. 165/2019 of Sedam Police station on execution of personal bond for a sum of Rs. 2,00,000/- (Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Magistrate or Committal Court, subject to the following conditions: 1. The petitioner shall not tamper with the prosecution witnesses directly or indirectly. 2. The petitioner shall not leave the jurisdiction of the trial court without prior permission. 3. He shall not delay the proceedings of the Court.