Babu & Ors. vs The State of Karnataka

This petition is filed by the petitioners/accused Nos.1 to 4 under Section 439 of Cr.P.C. seeking their release on bail for the alleged offence

punishable under Section 302 of IPC, registered in respondent-police station Crime No. 332/2017.

Brief facts of the prosecution case as per the complaint produced at Annexure-B is that one Mr.Arun who is the informant in the present case

stated that on 12.07.2017 when he was proceeding near by Sri.Adhichunchanagiri Sri. Bhairaveshwara Farm at about 7.30 am on his motor cycle,

he has seen one dead body lying by the side of the road and he informed the police about the same. It is the dead body of male aged about 25 to

30 years and there are injuries and cuts on the right side of the ear and left side of the head and injuries said to have been caused with long and

Macchhu. Some unknown persons have committed the murder of the deceased. On the basis of said complaint, firstly case came to be registered

against unknown persons and during the investigation present petitions have been arraigned as accused Nos. 1 to 4.

Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 to 4 and also the learned High Court Government

Pleader appearing for the respondent-State.

I have perused the grounds urged in the bail petition, FIR complaint and also other materials produced by the learned counsel for the petitioners.

Looking to the chargesheet material and as per prosecution case, admittedly there are no eye witnesses to the instant case and case rests on

circumstantial evidence. Even looking to the materials placed on record, there is no recovery of any weapons or blood stained clothes from any of

the petitioners herein. Learned counsel for the petitioners draw attention of this Court to the contents of remand application at column-9 wherein,

the statement of brother of the deceased goes to show that the deceased was a rowdysheeter and many criminal cases were registered against him

and police were trying to trace him but he was absconding. Petitioners have contended that they are innocent and not involved in committing the

alleged offence and they have been falsely implicated in the present case. They are ready to abide by any reasonable conditions that may be

imposed by this Court. It is submitted that accused Nos. 5 and 6 are already granted with bail. Hence, looking to the materials it is fit case to

exercise discretion in favour of the petitioners by imposing reasonable conditions.

Accordingly petition is allowed. Petitioners /accused Nos.1 to 4 are ordered to be released on bail for the offence punishable under Section 302

of IPC, registered in respondent-police station Crime No. 332/2017, 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.