B.R. Bharath Kumar vs The State of Karnataka

A.V. Chandrashekara, J.—Petitioners are accused Nos. 2 and 3 in Cr. No. 276/13 on the file of Kudur police station, registered for the offence punishable under Section 302 r/w 34 of IPC.

As could be seen from the first information lodged by Smt. Rathna wife of the deceased Basavaraju, that on 17.08.13, accused No. 1 Harish accompanied by these petitioners assaulted her husband with a long at about 8 a.m., near the house of one Babu of That tekere village. The said murder is stated to have committed because of enmity of accused No. 1 with the family of the deceased. It is alleged that accused No. 1 intended to marry CW-9 Shashikala. Similar bail application has been dismissed by the learned Sessions Judge, Ramanagaram.

Learned HCGP has opposed the bail application contending that prima facie case is made out against these petitioners. Though the main allegation is against accused No. 1, it is contended that it is too premature to disbelieve the materials collected by the police.

Per contra, learned counsel for the petitioners, has argued that there are no materials in regard to the involvement of these petitioners and whatsoever material is forthcoming, is hearsay that too on the basis of voluntary statement of accused No. 1 recorded by the police.

Perused the police records including the statement of the material witnesses i.e., CWs 4 to 6. After going through the detailed statement of these material witnesses, it is forthcoming that it was accused No. 1-Harish, who chased the deceased and assaulted him with a long on his head and other parts of the body, though the deceased tried to avoid the same. What is mentioned in the statement of these witnesses is that two unknown persons assisted Harish in assaulting the deceased. In the light of the names of these petitioners being not found at the earliest point of time in the statement of the material witnesses, this is a fit case, in which bail could be granted. Whatever observation are made, is only for the limited purpose of disposal of this bail petition and the same shall not influence the learned Sessions Judge dealing with the matter on merits. Apprehension of the learned HCGP could be suitably met with by imposing proper conditions.

Accordingly, petition is allowed and bail is granted to the petitioners, subject to the following conditions:-

(i) Petitioners shall be released on bail on each of them executing a personal bond for a sum of Rs. One lakh with one surety, for the likesum to the satisfaction of the learned Sessions Judge.

(ii) They shall not tamper or attempt to tamper any of the prosecution witnesses.

(iii) They shall not hold out threats to the prosecution witnesses in any manner. (iv) They shall not involve themselves in any criminal activities.

(v) They shall mark their attendance before the jurisdictional police station on every Sunday between 9 a.m. & 5 p.m., for a period of three months from the date of their release without fail.

(vi) Any violation of the above conditions, would enable the prosecution to seek cancellation of bail.