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2022 DIGILAW 1339 (KAR)

Santosh Kumar v. State of Karnataka

2022-10-11

SHIVASHANKAR AMARANNAVAR

body2022
JUDGMENT Shivashankar Amarannavar, J. - This petition is filed by the accused No. 6 under Section 439 of Cr.P.C., seeking bail in Crime No. 46/2022 of Arasikere Police Station, registered for the offences punishable under Sections 143, 147, 148, 120B, 302, 201, 108 read with Section 149 of IPC. 2. The case of the prosecution is that, one K. Ganesh S/o. Kotresh of Davanagere has filed complaint stating that he is resident of Davanagere and elder sister of his mother namely Smt. Halamma is also the resident of Davanagere and said Smt. Halamma has four children including Dhanya Kumar (deceased) who was working as Instructor in the Jym at Davanagere. It is further stated that, there was some Galata between Dhanya Kumar and accused No. 1 Ravi and accused No. 2 Malli @ Mallikarjun with respect of some trivial issue about three years back near Sinchana School, Nittuvalli, Davanagere. It is further stated that, accused Nos. 1 and 2 have again quarreled with Dhanya Kumar about one week prior to the alleged incident near Government ITI College, Hadadi road, Davanagere. It is further stated that, on 27.04.2022 at about 7.00 p.m, the deceased Dhanya Kumar has left Davanagere in order to attend the function at Ucchangidura and went away in his motor bike and he had not come back to Davanagere on that night. It is further stated that, at about 7.00 p.m., the friend of the complainant by name Sunil @ Niddi S/o. Kalleshappa has informed that his brother Dhanya Kumar is lying in the land at Dodda Thand and he was murdered and the complainant went to the spot immediately along with some persons of his vicinity and found the dead body of the Dhanya Kumar on the land of one Raghavendra Naik. After verifying the dead body, he came to petrol bunk, where an unknown person has told to him that, on 27.04.2022 at about 10.30 p.m. to 11.00 p.m., some unknown persons were quarreling with the deceased and he has advised not to do so and later he has seen the dead body in the morning. Based upon the information gathered from the unknown person by suspecting accused Nos. Based upon the information gathered from the unknown person by suspecting accused Nos. 1 and 2 and some other persons, the complainant has filed the complaint which came to be registered in Crime No. 46/2022 at Arasikere Police Station for the offences punishable under Sections 143, 147, 148, 120B, 302, 201, 108 read with Section 149 of IPC. The police after investigation, filed charge-sheet for the offences punishable under Sections 143, 147, 148, 120B, 302, 201, 108 read with Section 149 of IPC. The petitioner came to be arrested on 21.07.2022 and he is in judicial custody. 3. The petitioner filed Criminal Miscellaneous Petition No. 5501/2022 seeking bail and the same came to be rejected by III Additional District and Sessions Judge, Ballari, sitting at Hospete by order dated 20.08.2022. Therefore, the petitioner is before this Court seeking bail. 4. Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent-State. 5. Learned counsel for the petitioner would contend that, there are no eyewitnesses to the incident and the case of the prosecution is based on the circumstantial evidence. There is no role of this petitioner/accused No. 6 in the commission of the murder of the deceased Dhanya Kumar and he was not present on the spot at the time of the incident. The only allegation against this petitioner/accused No. 6 is that, he instructed the other accused to commit murder of the deceased as he joined the other Gang. It is his further submission that, merely because this petitioner/accused No. 6 received a phone call from accused No. 1 at 2.18 a.m. on 28.04.2022, he came to be implicated. It is his further submission that, immediately after receiving a call from accused No. 1, he has intimated the same to Shanmukha a Police Constable, regarding the said call received by him and told him to intimate the same to his higher officers. It is his further submission that, because of the political rivalry the petitioner has been forcibly implicated in the case. As the charge-sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 6. Per contra, learned HCGP would contend that, the petitioner is a rowdy sheeter and there are 14 cases registered against him. It is his further submission that, the charge-sheet material shows prima-facie case against this petition. As the charge-sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 6. Per contra, learned HCGP would contend that, the petitioner is a rowdy sheeter and there are 14 cases registered against him. It is his further submission that, the charge-sheet material shows prima-facie case against this petition. The petitioner is instrumental in committing the murder of the deceased Dhanya Kumar and it is only at his instruction, the other accused committed the murder of the deceased. The charge-sheet material shows prima-facie case against the petitioner. If the petitioner is released on bail, there are chances of he tampering the prosecution witnesses and committing similar offence. With this, he prayed to reject the petition. 7. Having heard the learned counsel for the petitioner and the learned HCGP, this Court has gone through the charge-sheet records. 8. The case of the prosecution is that, the deceased was earlier in the Gang of this petitioner and subsequently he left the Gang and joined some other Gang and therefore, this petitioner instructed other accused to commit the murder of the deceased and told them that, he will give money for the same. On the instructions of this petitioner, the other accused committed the murder of the deceased Dhanya Kumar. The petitioner was not present on the spot at the time of the incident. No overt acts are alleged against this petitioner. The only allegation against this petitioner is that, at his instructions, the other accused persons committed the murder of the deceased Dhanya Kumar. As the case of the prosecution is based on circumstantial evidence, it is for the prosecution to establish each of the circumstances to establish the guilt of the accused during the course of the trial. 9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following: ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No. 46/2022 of Arasikere Police Station, subject to the following conditions: i) The petitioner/accused No. 6 shall execute a personal bond for a sum of Rs. Hence, I proceed to pass the following: ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No. 46/2022 of Arasikere Police Station, subject to the following conditions: i) The petitioner/accused No. 6 shall execute a personal bond for a sum of Rs. 1,00,000/-(Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court. ii) The petitioner/accused No. 6 shall not indulge in tampering the prosecution witnesses. iii) The petitioner/accused No. 6 shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case. iv) The petitioner/accused No. 6 shall mark his presence in the jurisdictional police station on first Sunday of every month, till the disposal of the case, registered against him.