Research › Search › Judgment

Karnataka High Court · body

2022 DIGILAW 966 (KAR)

Nagesha v. State of Karnataka

2022-07-27

K.NATARAJAN

body2022
JUDGMENT 1. This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C., for granting regular bail in Crime No.235/2021 registered by Annapoorneshwari Nagar Police Station, Bengaluru City for the offences punishable under Sections 302 read with 34 of IPC. 2. Heard the arguments of learned counsel for petitioner and learned High Court Government Pleader for respondent-State. 3. The case of the prosecution is that a suo- moto complaint was registered by the Annapoorneshwari Nagar Police Station against petitioner and others on 17.10.2021. It is alleged by the police officer that on 17.10.2021, he was on night duty in the police station and at 3.10 a.m., auto rickshaw bearing No.KA-02-AE-9024 came to the police station and parked and a person came inside the police station and he himself stated his name as Muniraju/accused No.1 and along with another person Maruthi/accused No.3 informed that the deceased Bhaskar had illicit intimacy with his married sister who is having children and he on his way to elope with his sister, at that point of time, the accused persons had obstructed the deceased and took him along with them for purpose of advise in the auto rickshaw to leave his sister but the deceased did not mend his way. The deceased is said to have stated that he wanted to live with her. Therefore, the accused had assaulted him with wooden log/clubs along with the accused persons and caused injuries. Thereafter, he has taken him in auto rickshaw and the said Bhaskar is said to have died in the auto rickshaw. Thereafter, the accused persons came to the police station and surrendered along with dead body. After registering the case the police have arrested the petitioner and after investigation, charge sheet has been filed. The bail petition of this petitioner came to be rejected, hence he is before this Court. 4. Learned counsel for the petitioner contended that he is innocent of the said offence and he has been falsely implicated. Even otherwise offence under Section 302 of IPC is not attracted as the offence took place in sudden provocation during the quarrel between deceased and accused No.1, as the accused No.1 advised the deceased to leave his married sister, but the deceased was reluctant to leave his sister. Even otherwise offence under Section 302 of IPC is not attracted as the offence took place in sudden provocation during the quarrel between deceased and accused No.1, as the accused No.1 advised the deceased to leave his married sister, but the deceased was reluctant to leave his sister. Therefore, accused assaulted the deceased with a fit of anger in the wooden clubs and this accused also assaulted the deceased, due to which he died. He further submits Section 302 of IPC is not made out in this case and it may attract Section 304 of IPC "culpable homicide not amounting to murder" punishable under sections 304 (1) or (2) of IPC. The co-accused persons 3 and 4 already granted bail by the Co-ordinate Bench of this Court and he is in custody since 17.10.2021 which is more than 8 month. Therefore, he contends that the present petitioner is entitled for bail and he is ready to abide by any condition. Hence prayed for granting bail. 5. Per contra, learned HCGP objected the bail petition and contended that the accused surrendered along with dead body for having committed murder therefore prayed for dismissal of the petition. 6. Upon hearing the arguments and perused the records, admittedly as per the complaint, this accused along with accused no.1 and dead body had surrendered to police. The accused No.1 gave voluntary statement and his confession statement stating that the deceased was having illicit relationship with his married sister and on his way to Sunkada katte along with the sister of the accused and the accused persons obstructed them and took deceased towards lonely place for advise but when deceased did not mend his ways and he still wanted to live with his sister even though his sister was married and having children, at that time the accused persons assaulted him due to which he died. Therefore, without going to trial it cannot be said, accused had motive or intention to commit murder or not. Even otherwise, they have themselves surrendered before the police along with the dead body. Such being the case, looking to the facts and circumstances of the case, the co-accused were also granted bail. Except the voluntary statement there is no other direct evidence available on record. Even otherwise, they have themselves surrendered before the police along with the dead body. Such being the case, looking to the facts and circumstances of the case, the co-accused were also granted bail. Except the voluntary statement there is no other direct evidence available on record. Therefore, without expressing any opinion regarding the merits of the case, by imposing certain conditions, if bail is granted, no prejudice would cause to the prosecution case. Hence, the following order: ORDER The petitioner is ordered to be released on bail, in Crime No.235/2021 registered by Annapoorneshwari Nagar Police Station, Bengaluru City for the offences punishable under Sections 302 read with 34 of IPC, subject to the following conditions:- (i) Petitioner-accused No.2 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 / Committal Court; (ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly; (iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court; If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.