Appu @ B. Raja vs State Of Karnataka

K.Natarajan, J

This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. for granting bail in Crime No.31/2020 registered by Andersonpet Police

Station and charge sheet filed for the offences punishable under Sections 504 and 302 of IPC.

The case of the prosecution is that a case came to be registered on the complaint of one Lakshmi, the sister of deceased filed on 12.05.2020. It is

alleged that she received a call from one Saroja and she immediately came to the house where her brother Srirama sustained injuries. He informed

that the accused asked him to come and consume alcohol with him and when he refused, the accused is said to have assaulted him with club.

Immediately, the complainant shifted the deceased to the government hospital and later shifted to a private hospital. Again on 13.05.2020, he was

brought back to K.G.F. hospital where he became unconscious. Hence, the complaint came to be filed for the offences punishable under Section 504

and 307 of IPC. Subsequently, on the same day, when the injured died, the case was converted into one under Section 302 of IPC. Therefore, the

petitioner was arrested on 15.05.2020 and remanded to judicial custody. Hence, the present petition.

Learned counsel for the petitioner contended that the petitioner is innocent of the alleged offence and he has been falsely implicated. Even

otherwise, there is no intention or motive to commit the murder. The petitioner is in custody for more than 11 months. The trial is yet to commence

before the Trial Court. Hence, prayed for grant of bail.

Per contra, learned High Court Government Pleader objected the bail petition.

Upon hearing the arguments and on perusal of the record, which goes to show that the petitioner is said to have been assaulted on the head of the

deceased with club when the deceased refused to come along with him for taking alcohol. After the assault, the victim fell down and the complainant

came and took him to the hospital and thereafter, he died. The petitioner is in custody for almost 11 months. The investigation is completed and the

charge sheet is filed. The case is said to have been committed to Sessions Court for trial. At this state, it cannot be presumed that the petitioner had an

intention or motive to commit the murder of the deceased. The incident might have occurred due to sudden provocation and in a heat of passion.

Therefore, without expressing any opinion on the merits of the case, if the petitioner is released on bail by imposing certain conditions, no prejudice

would be caused to the case of the prosecution. Hence, the following:

Order

Criminal Petition is allowed.

The Trial Court/Committal Court is directed to release the petitioner-accused on bail in Crime No.31/2020 registered by Andersonpet Police Station,

subject to the following conditions:-

i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court.

ii) Petitioner shall not indulge in similar offences.

iii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly.

iv) Petitioner shall not leave the jurisdiction of this Court without prior permission of the Trial Court.