Kumar vs The State of Karnataka

A.S. Pachhapure, J.—ONE Mr. B.T. Ganesh Murthy filed a complaint on 12.10.2004 stating that on 11.10.2004 his brother B.T. Girijashankar (the deceased) and his friend Jayaprakash (the deceased) had been to Nitturu to attend a Panchayath and they did not return on that day. On 12.10.2004 in the morning at about 6.30 AM they were informed by his nephew Damodhar about the death of B.T. Girijashankar and Jayaprakash. They went to the spot and saw the dead bodies and thereafter an investigation was held and charge sheet came to be filed against ten accused.

The present Petitioner and accused No. 6 and 9 were absconding and therefore the case against the Petitioner was split up and was seat up for trial. The accused who were arrested had appeared before the Sessions Court. The trial was conducted in Session Case No. 58/2005 and vide judgment dated 06.11.2007 all the accused who appeared were acquitted. It is thereafter the police were able to arrest the Petitioner and he been in custody for the last three months as the split case against the Petitioner has to proceed.

The Petitioner submits that he is innocent and not involved in any crime. Further more that the other accused have been acquitted in Sessions Case No. 58/2005, be submits he also entitled to the bail sought for.

I have heard the learned Counsel for the Petitioner and the learned HCGP. The perusal of the judgment in Session case No. 58/2005 reveals that none of the witness as excluding the police who held the investigation have supported case of the prosecution. It is because of these reasons the accused No. 1 to 5, 7 and 10 have been acquitted. Taking into consideration the fact that none of the witnesses have supported the case of the prosecution in respect of the incident in question I think that the Petitioner is also entitled to the bail sought for.

Hence the petition is allowed.

The Petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs. 50,000/- with one solvent surety for the likesum to the satisfaction of the Sessions Court with the further following conditions.

(i) That the Petitioner shall appear before the court on all the dates of hearing.

(ii) The Petitioner shall not directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.