Gangadhar vs The State

B.V. Pinto, J.—These two petitions are filed seeking bail in Crime No. 100/2013 of Aland police station, registered on 13.04.2013, for the offence under Sections 143, 147, 148, 149, 302 and 307 of IPC.

The incident is alleged to have happened on 3.4.2013 at 10.00 p.m., FIR is registered on 13.4.2013, since the injured complainant by name Ganesh ran away from the scene of occurrence to Omerga village and lodged the complaint in Omerga police station on 4.4.2013 at about 2.25 p.m. The said FIR was later on transferred to Aland police station on the point of jurisdiction and later on the same is registered on 13.4.2013.

It is the case of the prosecution that the complainant-Ganesh and the deceased Srishail and his friend Ambaraya were in jail in connection with a theft case and they had been released on bail and had come out of jail during the relevant period. There was an enmity between the complainant and the accused in connection with earlier murder cases in which the rival parties were in judicial custody for the said offences. On 3.4.2013 the complainant had gone to Bangarva village and at that time they had gone for a Dhabha in Khajuri village. The accused persons are said to have come near the said Dhabha between 9.00 and 10.00 p.m. On that day the complainant went inside the Dhabha whereas the deceased Srishail and another person were waiting outside the Dhabha along with their motorcycle. Both deceased Srishail and Ambaraya were sitting on the motorcycle in front of the Dhabha, at that time about eleven persons including the petitioners in both these cases came near the place where the deceased were sitting and caught hold of both the deceased and assaulted them with hands and legs and tried to put them inside the jeep. The complainant -- Ganesh came out of the Dhabha and at that time he tried to pull out the deceased from the vehicle. At that time the accused Sainath assaulted the complainant with a small knife on the right side of his neck and caused injuries on him. The complainant thereafter escaped from the scene of occurrence due to fear of the accused and slept in the filed during the entire night. On the next day morning he went to Omerga in a truck and when he went to the Government hospital he found that some villagers were gathered around the hospital and dead bodies of Srishail and Ambaraya were brought by those persons. There were injuries on the neck of the deceased. Thereafter he approached the Omerga police station and lodged the complaint. Though originally eleven names were given in the complaint, during investigation it was found that one Goraknath accused No. 3, Siddappa accused No. 7 and Chandappa accused No. 9, were not present during the occurrence and that their name was falsely added by the complainant at the time of giving complaint. It also transpired that two persons by name Shrishail-A9 and Vaijanath-A10 were present at the time of incident and thus charge sheet has been filed against ten persons.

Sri Baburao Mangane, learned counsel for the petitioner in Criminal petition No. 200030/2014 and Sri Nandkishore Boob, learned counsel appearing for the petitioners in Criminal petition No. 200142/2014, submit that there are no specific overt-acts alleged against any of the petitioners and that an omnibus statement is made against them. Except stating that the petitioners were in the Bolero Jeep at the time when the deceased were forcibly taken into the vehicle, there are no other materials to hold that the petitioners are guilty of an offence punishable u/s 302 of IPC. Even if the voluntary statements of the accused is taken into consideration, the specific overt acts are alleged against accused No. 2-Machendra and accused No. 5-Karabasappa Naroona, who are alleged to have dealt the fatal blow on the deceased by weapons. Hence, it is submitted that the petitioners may be enlarged on bail.

Sri. S.S. Aspalli, learned HCGP on the other hand submits that the complainant has clearly mentioned that these three petitioners were present at the time when the deceased were forcibly dragged into the Bolero Jeep and that the dead bodies of the deceased were found in the field on the next day morning by the villagers who informed the fact to their relatives. Thereafter the dead bodies were shifted to the hospital. The injuries in the dead bodies indicates that several blows have been dealt on the deceased by sharp edged weapons and death has been instantaneous. Hence, he submits that all the petitioners are liable u/s 149 of IPC for having caused the murder of deceased Srishail and Ambaraya.

On a careful consideration of the entire materials on record, I find that there are no specific overt acts alleged against these petitioners either by way of witnesses or from the voluntary statement made by them while in custody. One Sainath has been released on bail by this Court in Criminal Petition No. 15939/2013. Since the materials against these petitioners is similar to the ones who has been already released, I am of the view that these petitioners may be enlarged on bail. Hence, the following:

ORDER

(i) The petitions are allowed. Petitioners are directed to be released on bail on their executing bond for a sum of Rs. 25,000/- each with one surety for the like sum to the satisfaction of the learned Sessions Judge;

(ii) Petitioners shall not threaten the witnesses nor dissuade them from deposing against them; and

(iii) Petitioners shall not involve themselves in any other criminal cases during the pendency of this case.