Research › Search › Judgment

Karnataka High Court · body

2023 DIGILAW 1010 (KAR)

Ajaykumar L. C. v. State of Karnataka

2023-08-23

S.VISHWAJITH SHETTY

body2023
JUDGMENT 1. Accused No.3 in SC. No.135/2022 pending before the Court of II Additional District and Sessions Judge, Mandya arising out of crime No.50/2022 by Bindiganavile Police Station, Mandya District registered for the offences punishable under Ss. 364, 302, 201, 120B, 113, 114 read with 34 of the Indian Penal Code, 1860 ('the IPC' for short) is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the petitioner and learned HCGP appearing for the respondent. 3. Bindiganavile Police, Nagamangala Circle, Mandya District had filed charge sheet against the petitioner and 7 others for the offence punishable under Ss. 364, 302, 201, 120-B, 113, 114 read with Sec. 34 of IPC. In the charge sheet it is alleged that accused no.1 along with accused Nos.7 and 8 involved in illegal quarrying and crushing activities and on the basis of the complaint lodged by one Si.N.R.Mohan, raid was conducted by the Officials of Mining and Geological Department on the illegal quarry of accused no.1 and accused Nos.7 and 8. Thereafter, accused no.1 along with other accused conspired to kill N.R.Mohan and on 15/5/2022, when N.R.Mohan was riding his motor bike bearing Reg.No.KA-09- EQ-2319, accused No.2, 3, 4, 5 and 7 intercepted him and forcibly took him in their car. Thereafter, accused Nos.2 to 4 allegedly killed the aforesaid N.R.Mohan by assaulting him on his neck, chest and other parts of the body with their hands and legs. It is also stated in the charge sheet that as per the direction of the petitioner, the dead body of the deceasedN.R.Mohan was shifted from the spot of incident and buried in a vacant place. Accused No.3 was arrested on 31/5/2022 and his bail application filed before the trial Court in SC.No135/2022 was dismissed. It is under these circumstances, the petitioner is before this Court. 4. Learned counsel appearing for the petitioner has reiterated the grounds urged in the petition and submits that accused No.1 and accused Nos.6 to 8 have been already granted regular bail by this Court. He submits that allegations as against the petitioner herein is that he had assaulted the deceased with his hands and had kicked him with his legs. He submits that as per the postmortem report, the opinion regarding the cause of death remains undetermined. He submits that deceased appears to have consumed ethyl alcohol prior to his death. He submits that allegations as against the petitioner herein is that he had assaulted the deceased with his hands and had kicked him with his legs. He submits that as per the postmortem report, the opinion regarding the cause of death remains undetermined. He submits that deceased appears to have consumed ethyl alcohol prior to his death. Petitioner is in custody since 31/5/2022. Investigation in the case is complete and the charge sheet has been filed. The case of the prosecution entirely depends on the circumstantial evidence. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP has opposed the bail application and submits that there are allegations of overt act as against the petitioner, and therefore, he does not stand on the same footing with the other accused, who have been granted regular bail by this Court. Therefore, she prays to dismiss the petition. 6. From the material on record it is seen that initially a case was registered on the complaint of one Smt. Yamuna for the offences punishable under Ss. 365 read with 34 of the IPC. During the course of the investigation, petitioner and other accused have been arrested. Subsequently, a charge sheet has been filed against the accused persons for the offences under Sec. 364, 302, 201, 120B, 113, 114 read with 34 of the IPC. The case of the prosecution is principally based on circumstantial evidence. Though there is an allegations as against accused No.3 that he had assaulted the deceased with his hands and also had kicked him with his legs, the postmortem report would go to show that the cause of death remains undetermined. It is stated in the postmortem report that death due to asphyxia as a result of airway blockage cannot be completely ruled out and the deceased has consumed ethyl alcohol prior to the death. The charge sheet material would go to show that accused No.1 had assaulted deceased with a weapon on his legs and had caused incised wounds. Accused No.1 has been enlarged on bail in Crl.P.No.1695/2023 disposed on 1/8/2023. Accused Nos.6 to 8 have been enlarged on bail in Crl.P.No.11733/2022, Crl.P.No.445/2023 and Crl.P.No.10578/2022. The petitioner who is accused No.3 in the present case is in custody since 31/5/2022. Investigation in the case is complete and the charge sheet has been filed. Accused No.1 has been enlarged on bail in Crl.P.No.1695/2023 disposed on 1/8/2023. Accused Nos.6 to 8 have been enlarged on bail in Crl.P.No.11733/2022, Crl.P.No.445/2023 and Crl.P.No.10578/2022. The petitioner who is accused No.3 in the present case is in custody since 31/5/2022. Investigation in the case is complete and the charge sheet has been filed. Under these circumstances, I am of the view that the petitioner had made out a prima facie case for grant of regular bail. 7. Accordingly, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.50/2022 of Bindiganavile Police Station registered for the offences punishable under Ss. 364, 302, 201, 120-B, 113, 114 read with Sec. 34 of the IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1, 00, 000.00 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. e) The petitioner shall not involve in similar offences in future.