Malla Ppa & Others vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as

the 'Cr.P.C.', for brevity) seeking bail in Crime No.03/2021 (S.C.No.9/2021) of Hanumasagar Police Station, registered for the offences punishable

under Sections 302, 201 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

It is the case of the prosecution that one Kanakappa Jali has filed the complaint on 13.01.2021 stating that his sister Hanumavva was given in

marriage to one Hanumappa Daggi of Madikeri village who is the son of petitioner No.1/accused No.1 and brother of petitioner No.2/accused No.2.

The said Hanumavva and Hanumappa had no issues and they have 5 acres of land which is fallen to the share of Hanumappa. The said Hanumappa

died in the year 2019. After the death of Hanumappa there were differences with regard to cremation and thereafter the sister of complainant

Hanumavva started residing at Chalageri with complainant Kanakappa. The deceased Hanumavva had given an application to enter her name in the

record of rights around 10 months prior to the date of offence and it was opposed by the petitioner No.2 by filing objections. The petitioners were

threatening the complainant and his sister. It is further stated that on 09.01.2021, at about 5 p.m. Hanumavva went to Madikere village stating that she

will stay there for a week till the completion of Hanuman festival. On 12.01.2021 at 7 a.m. complainant had been to Madikere village and when he

met deceased Hanumavva she told that she will return to Chalageri after completion of amavasya and also told that petitioners are regularly moving

infront of her house, due to which she was scared and thereafter complainant went back to his village. On 13.01.2021 at about 12 noon when the

complainant was in his field, he received call from his daughter stating that there was call from Madikere and they informed that Hanumavva has

sustained burn injuries. Thereafter, complainant along with relatives went to Madikeri and found huge fume in the kitchen room and they removed one

of the sheet from house so as to remove the fume and found that the body of said Hanumavva was completely burnt. Complainant and other residents

poured the water on the body. There were marks around the neck of the deceased Hanumavva and it is alleged that petitioners have committed the

said incident in between the intervening date of 12.01.2021 at about 8 am to 12 noon of 13.01.2021. The said complaint came to be registered in Crime

No.3/2021 of Hanumasagar Police station for the offence punishable under 302 and 201 of IPC. The petitioners came to be arrested on 15.01.2021.

The Investigating Officer after completion of investigation has filed charge sheet for the said offences. The petitioners filed Crl.Misc.No.29/2021 and

the same came to be rejected by Prl. District and Sessions Judge, at Koppal by order dated 01.06.2021. Therefore, the petitioners are before this

Court seeking bail.

Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.

It is the contention of the learned counsel for the petitioners that the petitioners are innocent, they have not committed any offences as alleged and

they have been falsely implicated in the case. He further contends that there are no eye witnesses to the incident. He further contends that the charge

sheet has been filed and therefore, petitioners are not required for any custodial interrogation. The petitioners are implicated on the basis of their

voluntary statement and as there was a land dispute between the deceased and the petitioners. The petitioners are ready to abide by the conditions

that may be imposed by this Court and ready to furnish surety. With this, he prayed for allowing the petition.

Per contra, learned High Court Government Pleader contended that the offence alleged against the petitioners is a heinous offence punishable with

death or imprisonment for life. The voluntary statement of the petitioners itself goes to show their involvement in the commission of murder of

deceased Hanumavva. On perusal of the charge sheet material, there is prima facie case against the petitioners for the offence alleged against them.

If the petitioners are granted with bail, they will tamper prosecution witnesses and flee from justice. With this, he prayed to dismiss the petition.

Having regard to the submission made by the learned counsel for the petitioners and the learned High Court Government Pleader, this Court has

gone through the charge sheet records.

The husband of the deceased Hanumavva namely Hanumappa died in the year 2019. There was a land in the name of Hanumappa and with regard

to the said land there was a dispute between Hanumavva and petitioners. The petitioner No.1 is father-in-law. Petitioner No.2 is husband's brother of

deceased Hanumavva. The deceased Hanumavva and Hanumappa had no issues. There are no eye witnesses to the incident and the case of the

prosecution is based on circumstantial evidence. The accusation against the petitioners is that they strangulated the deceased with her saree and

thereafter set fire. As the case of the prosecution is based on circumstantial evidence, prosecution has to prove each and every circumstance in order

to prove the guilt of the petitioners/accused. Petitioners are in judicial custody since 15.01.2021. Investigation is completed, charge sheet is filed and

therefore, petitioners are not required for custodial interrogation. The main objection of the prosecution is that if the petitioners are granted with bail,

they will tamper prosecution witnesses, the said objection may be set right by imposing some stringent conditions.

In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail

subject to terms and conditions. Hence, I proceed to pass the following:

ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioners/accused Nos.1 and 2 shall be released on bail in

Crime No.3/2021 of Hanumasagar Police Station, subject to the following conditions:

i) The petitioners/accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one surety for the

like sum to the satisfaction of the jurisdictional Court.

Due to COVID-19, the petitioner is permitted to furnish surety within two months. If circumstances arise, the jurisdictional Court is permitted to

extend the period for furnishing surety.

ii) The petitioners/accused Nos.1 and 2 shall not indulge in tampering the prosecution witnesses.

iii) The petitioners/accused Nos.1 and 2 shall attend the Court on all dates of hearing unless exempted and co-operate in speedy disposal of the case.