Dillesh Singh Dhami @ Dinesh vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.3 in crime No.357/2022 registered by Hennur Police Station, Bengaluru for the offence punishable under Section 120B, 143, 302 and 201 read with Section 149 of IPC is before this Court seeking regular bail.

Heard the learned counsel for the parties.

On the complaint of Surendra Singh dated 04.12.2022, FIR in crime No.357/2022 is registered by Hennur Police Station against Deependra Singh and four others for the offences punishable under Sections 143, 149, 201 and 302 of IPC. In the complaint, it is stated that on 01.12.2022, complainant's uncle Prem Singh made a video call and informed him that Dhan Singh Dhami was missing from 30.11.2022 onwards. On 04.12.2022, complainant along with his friend Ramesh Dhami went to the Paying Guest accommodation where Dhan Singh Dhami was working and enquired about Dhan Singh Dhami. He was informed that the accused persons had fought with Dhan Singh Dhami about 15 days earlier and on 29.11.2022 at about 10.30 p.m., Dhan Singh Dhami had assaulted Dillesh Singh for the reason that he had not provided him with a cigarette for smoking. On 30.11.2022, accused Nos.1 and 2 had taken Dhan Singh Dhami along with them. Thereafter, the whereabouts of Dhan Singh Dhami was not known.

It is further alleged in the complaint that accused No.3 had informed to his co-workers that he along with other accused persons had murdered Dhan Singh Dhami and the dead body was thrown into raja kaluve near Hennur Police Station. Immediately, the complainant went near raja kaluve and found the body of Dhan Singh Dhami and thereafter the complaint was lodged which had resulted in registering FIR in crime No.357/2022.

During the course of investigation, the petitioner was arrested on 04.12.2022. Investigation in the case is completed and the charge sheet has been filed. The bail application filed in criminal miscellaneous petition No.25326/2023 before the XIII Addl. City Civil and Sessions Judge, Mayohall Unit, Bengaluru came to be dismissed on 04.05.2023. It is under these circumstances, the petitioner is before this Court.

Learned counsel for the petitioner reiterated the grounds urged in the petition and submits that the petitioner is aged about 19 years and he has no criminal antecedent. The entire case of prosecution is based on circumstantial evidence. Accordingly, prays to allow the petition.

Per contra, learned HCGP opposed the bail application. She submits that the complainant has traced the dead body of Dhan Singh Dhami after he was informed that the accused persons had committed the murder of deceased Dhan Singh Dhami and had thrown the dead body into the raja kaluve near Hennur Police Station.

Dhan Singh Dhami was found missing from 30.11.2022 onwards. Though the complainant was informed about the same by his uncle on 01.12.2022, till 04.12.2022, he had not made any attempt to search Dhan Singh Dhami nor any missing complaint was lodged. It is only on 04.12.2022 for the first time, he goes to the Paying Guest accommodation where Dhan Singh Dhami was working and after getting the information from the co-workers in the said P.G. accommodation, he has gone near raja kaluve besides the Hennur Police Station and after identifying the dead body of Dhan Singh Dhami, he had lodged the complaint.

As per the complaint averments and charge sheet allegations, the murder was committed by accused persons in the vacant site adjacent to the police station. Even the dead body is found in the raja kaluve which is also adjacent to the police station. For a period of four days, nobody including the police had found the dead body in the raja kaluve which is adjacent to the police station. Investigation in the case is completed and the charge sheet has been filed.

As per the charge sheet, CW.2, Kannakan Perumal is the eyewitness to the incident. He allegedly was sleeping on the night of 30.11.2022 inside his shop where he was doing scrap business. According to CW.2, he heard some noise at about 12.05 hours. As he came out, he saw five persons dragging a person to the vacant site near raja kaluve and they were found assaulting said person who was lying on the ground. Thereafter, on 04.12.2022, he came to know that the dead body of the person was floating in the raja kaluve. After seeing the dead body, he has gone to the police station and had identified the accused persons who were already arrested by then by the police. The statement of this witness was recorded only on 08.12.2022 though the accused persons were arrested on 04.12.2022.

The petitioner is aged about 19 years and he is in custody since 04.12.2022. Petitioner has no criminal antecedent as per the submission made by the learned counsel for the petitioner. Investigation is completed and the charge sheet has been filed. Except the statement of CW.2, there is no other strong evidence to connect the petitioner to the crime.

Considering the sequence of events and the delay in recording the statement of alleged eyewitness, I am of the view that the petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in S.C.No.633/2023 pending before the Court of XXVI Addl.

City Civil and Sessions Judge, Mayo Hall Unit, Bangalore arising out of Crime No.357/2022 registered by Hennur Police Station, Bangalore City for the offences punishable under Sections 120B, 143,302, 201 r/w 149 IPC, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.