Lingappa Reddy @ Ningappa vs State Of Karnataka

S Vishwajith Shetty, J

Accused no.2 in S.C.No.10004/2020 pending before the Court of V Addl. District & Sessions Judge, Tumakuru, sitting at Tiptur, arising out of Crime No.162/2019 registered by Turuvekere Police Station, Tumakuru District, for the offences punishable under Sections 302, 201, 120B read with 34 of IPC, is before this Court under Section 439 of Cr.PC, seeking regular bail.

Heard the learned Counsel for the parties.

FIR in Crime No.162/2019 was registered by Turuvekere Police Station, Tumakuru District, initially for the offences punishable under Sections 201, 302 read with 34 IPC, against Kumara and the petitioner herein based on the first information dated 05.10.2019 received from Prakruthi - daughter of deceased Rajumathi Sharma. During the course of investigation, petitioner herein was arrested on 08.10.2019. After completing investigation, charge sheet has been filed against three persons. Petitioner is arrayed as accused no.2 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected, and therefore, he had approached this Court in Crl.P.No.2329/2024, which was dismissed on 07.06.2024 for non-prosecution. It is under these circumstances, he is before this Court in this successive bail petition.

Learned Counsel for the petitioner submits that though the petitioner is in custody for the last about 5 years 9 months, trial in the case is not yet commenced. Accused no.1 has died while he was in custody. Accused no.3 has been granted regular bail by this Court in Crl.P.No.5848/2020 disposed of on 26.05.2021. Petitioner has no criminal antecedents. Accordingly, he prays to allow the petition.

Per contra, learned HCGP who has opposed the petition does not dispute the submissions made by the learned Counsel for the petitioner.

Perusal of the material on record would go to show that entire case of the prosecution is based on circumstantial evidence. It is the case of the prosecution that accused no.1 had developed friendship with deceased Rajumathi Sharma and had received a sum of Rs.40 lakhs stating that he would return double the amount to her. Thereafter, accused nos.1 to 3 entered into a conspiracy to commit the murder of Rajumathi Sharma and in furtherance of such conspiracy, on 23.09.2019, accused nos.1 & 2 took the deceased in a car bearing registration No.KA-03-AD-6968 to land bearing Sy. No.58 of Karehalli village and committed her murder inside the car by strangulating her neck. Subsequently, they had thrown the dead body into Hemavathi channel.

Accused no.1 who was arrested in the present case has died in custody. Accused no.3 has been granted bail by this Court in Crl.P.No.5848/2020 disposed of on 26.05.2021. Undisputedly, petitioner has no other criminal antecedents. He is in custody for the last more than 5 years 9 months.

Learned Counsel for the petitioner has produced the order sheet of the Trial Court and has submitted that trial in the case is not yet commenced. Learned HCGP does not dispute the said submission made by the learned Counsel for the petitioner. The prosecution has, in all cited 49 charge sheet witnesses in the present case. Therefore, chances of trial being completed and the case being disposed of in the near future is remote.

The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693, at paragraph No.19, has observed as follows:

"19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime".

Considering all the aforesaid aspects of the matter and also the period of incarceration undergone by the petitioner, I am of the opinion that 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.10004/2020 pending before the Court of V Addl. District & Sessions Judge, Tumakuru, sitting at Tiptur, arising out of Crime No.162/2019 registered by Turuvekere Police Station, Tumakuru District, for the offences punishable under Sections 302, 201, 120B read with 34 of IPC, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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.