James Kumar Roy @ James vs State of Karnataka

Petitioner is the accused in Crime No. 1031/2010 for the offences punishable u/s 302 IPC. After completion of investigation the police filed charge sheet for the offences punishable under Sections 302, 404 and 201 IPC. At that stage, the father of the deceased filed a writ petition before this court in W.P. No. 18564/2011 seeking CBI investigation since the respondent police have not implicated the husband of the deceased by name Anant Narayan Mishra. This court vide order dated 17.06.2011 directed the father of the deceased to approach the jurisdictional Magistrate u/s 173(2) Cr.P.C. Accordingly, the father of the deceased fled an application before the jurisdictional Magistrate seeking for CBI/CID investigation. The magistrate by order dated 9.8.2011 directed the CBI to conduct further investigation. Aggrieved by this order of the Magistrate the CBI approached this court in Crl. P. No. 256/2012. This court vide order dated 19.4.2012 set-aside the order passed by the Magistrate and the operative portion reads as under:

Therefore, the petition is accepted. The impugned orders are set-aside. There shall be further investigation of Crime No. 1031/2010 registered by J.P. Nagar Police by Shri. Jitendranath, ACP, CCB (Special Enquiry), under the supervision of Deputy Commissioner of Police (Crime) Bangalore.

Now the matter is under further investigation. At this stage, the petitioner is before this court for grant of bail u/s 439 CRPC. Heard arguments on both the side and perused the entire petition papers.

Firstly, the charge sheet filed now prima-facie establishes a case against the petitioner in committing the murder of the deceased. Further the investigation reveals that it is on the information given by the husband of deceased the petitioner came to be arrested. This court has now ordered for further investigation by CCB. Learned State Public Prosecutor submits that they will complete further investigation in a short time. At this stage it is not appropriate to enlarge the petitioner on bail. Further it is seen from the record that petitioner is the native of Aradapalli Village, Kendra Pada District, Orissa State. In the event of enlarging the petitioner on bail there are chances of he jumping the bail conditions. Having regard to the need of the petitioner for further investigation in the matter, it is not safe to release him at this stage. Therefore, I am of the considered opinion that petitioner is not entitled for bail. However it is open for the petitioner to renew his application after completion of further investigation. The CCB is hereby directed to expedite the matter without further delay. Accordingly, the petition is hereby dismissed. Ordered accordingly.