Amanulla @ Chan Pasha & anr. vs State of Karnataka

This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Cr.No.80/2017 of JC Nagar Police

Station, Bengaluru and in CC.No.20427/2017 on the file of VIII Additional CMM Bangalore for an offence punishable under Sections 302,

120(B), 201, 203, 465 and 471 read with Section 34 IPC. This Criminal Petition coming on for Orders this Day, the court made the following:

This petition is filed by the petitioners/accused Nos.4 and 5 under Section 439 of Cr.P.C. seeking their release on bail for the alleged offence

punishable under Sections 302, 120(B), 201, 203, 465 and 471 read with Section 34 IPC, registered in respondent-police station Crime

No.80/2017 now pending in CC.No.20427/2017 on the file of VIII Additional Chief Metropolitan Magistrate Bangalore.

Heard the arguments of the learned counsel appearing for the petitioner/accused Nos.4 and 5 and also the learned High Court Government

Pleader appearing for the respondent-State.

Case of the prosecution as per the complaint averments is that sister of the deceased is the complainant and she stated that wife of the deceased

i.e. accused No.1- Smt.Chandrabai was having illicit relationship with accused No.2 as they were working in the same place. It is also mentioned

in the complaint that deceased was telling the complainant about the illicit relationship between accused Nos.1 and 2. Accused Nos.1 and 2 gave

''supari'' to accused Nos.4 and 5 to eliminate the deceased and accordingly on 04.05.2017 at about 6 pm accused Nos.1 and 2 together came to

the house on two wheeler vehicle and there afterwards they went inside the house. After sometime together they left the house. Two persons i.e.

accused Nos.4 and 5 were coming towards the house. They met accused Nos. 1 and 2 and they were talking together and accused No.3 and 4

went inside the house of deceased. Then there was a galatha in the said house. As the deceased was in the habit of consuming alcohol, they knew

that he will make such galata. Even the neighbors did not go inside the house. Thereafter, it was noticed that the deceased was lying dead in the

house. On the basis of suspicion raised against accused Nos.1 and 2, the complaint came to be filed and subsequently, present petitioners have

arraigned as accused Nos. 4 and 5 in the present case.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.

Looking to the prosecution material there are no eye witnesses to the incident as such the case rests on circumstantial evidence. Apart from that,

FIR came to be registered against accused Nos.1 and 2, during the course of investigation petitioners have been arraigned as accused Nos.4 and

Now investigation is completed and chargesheet is also filed. Petitioners contended that there is no prima-facie material as against them and they

are innocent and not involved in committing alleged offence. Hence, by imposing reasonable conditions, petitioners can be granted with regular bail.

Accordingly, petition is allowed. Petitioners/accused No.4 and 5 are ordered to be released on bail for the offences punishable under Sections

302, 120(B), 201, 203, 465 and 471 read with Section 34 IPC, registered in respondent-police station Crime No. 80/2017, subject to the

following conditions:

i. Petitioners shall execute a personal bond for Rs.1,00,000/- each and has to furnish one solvent surety for the likesum to the satisfaction of the

concerned Court.

ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioners shall appear before the concerned Court regularly.