Annaddore vs State of Karnataka

K.N. Keshavanarayana, J.—In this petition filed u/s 439 of Cr.P.C, the petitioner who has been arraigned as accused No. 3 in S.C. No. 393/2008 on the file of Fast Track Court No. 9 at Bangalore City, has sought for an order to enlarge him on bail.

Cottonpet police have filed the chargesheet against this petitioner and two others for the offence u/s 302 r/w 34 IPC. According to the allegation made in the chargesheet, on 01.12.2007 at about 10.00 p.m., this petitioner along with accused Nos. 1 & 2 came to the house of the deceased Bandit Mohan Gopal Sharma in Belimutt road, Cottonpet, Thereafter A1 to A3 along with the deceased and the complainant Lalith Kumar Ravel proceeded in the car belonging to the deceased towards the house of the accused persons to see the Vastu of their house. However on the way, the present petitioner got down from the car stating that he would bring the key of the house and did not return. Therefore, A1, A2, the deceased and CW-1 returned to the house of the deceased. After sometime, CW-1 went back to his house in Bytarayanapure Extension. At about 12.30 in the midnight when CW-1 called the deceased over the telephone, he was informed by the deceased that accused 1 & 2 are sleeping in the house of the deceased and they have consumed liquor. On the next day morning at about 8.30 a.m. when CW-1 came near the house of the deceased, he found the door of the house kept open and inside the house he noticed the deceased lying dead, Immediately, he lodged a complaint before the jurisdictional police. Based on the said complaint, a case was registered and investigation was taken up. According to the case of the prosecution, accused 1 & 2 after pretending for sometime that they are sleeping, while the deceased was sleeping, they strangulated the deceased and committed his murder

During investigation, petitioner was arrested on 06.12.2007. Even according to the prosecution, no recovery has been made at the instance of this petitioner. After completing investigation, chargesheet has been laid against accused 1 to 3 for the offence punishable u/s 302 r/w 34 IPC.

The application filed by the petitioner before the learned Sessions Judge for grant of bail came to be rejected.

Though the materials on record prima facie indicates that the petitioner along with accused 1 & 2 came to the house of the deceased at about 10.00 p.m., on 01,12.2007, even as per the specific case of the prosecution, petitioner got down from the car near Mahalakshmipuram extension on the pretext that he would bring the key of the house and did not return. Even according to the specific case of the prosecution, it is only the accused 1 & 2 who were sleeping in the house of the deceased strangulated the deceased. Therefore at this stage there are no prima facie materials to indicate the presence of the petitioner at the time of the commission of the offence of murder inside the house of the deceased. Therefore, there are no reasonable grounds to believe that the petitioner is guilty of the offence punishable u/s 302 r/w 34 IPC. The apprehension of the prosecution could be allayed by imposing stringent conditions. As the investigation is already over, there are no chances of petitioner tampering with the prosecution witnesses and the question of petitioner interfering with the investigation also does not arise.

In this view of the matter, the petitioner is entitled to be enlarged on bail. Accordingly, petition is allowed. The petitioner is ordered to be enlarged on bail in connection with Crime No. 272/2007 of Cottonpet Police Station (S.C. No. 393/2008) on his executing a personal bond for a sum of Rs. 50,000/- with two sureties for the like sum to the satisfaction of the learned Sessions Judge and subject to further conditions that the petitioner shall not tamper the Prosecution witnesses in any manner and he shall appear before the Sessions court on all hearing dates without fail.