Manju alias Manjunath another vs State

Aravind Kumar, J. - Heard Sri. Shiva Sharana Reddy, learned Advocate appearing for petitioners and Sri. Sheshadri Jaishankar M., learned High Court Government Pleader appearing for respondent-State. Perused the records.

Petitioners have been arraigned as accused Nos. 3 and 5 in Crime No. 125/2015 registered by Station Bazar Police Station, Kalaburagi for the offences punishable under Sections 143, 147, 148, 302 and 201 read with Section 149 of IPC.

A complaint came to be lodged by one Maraling on 04.07.2015 at about 5.00 p.m. alleging that on 04.07.2015 at about 2.00 p.m. all the accused persons had caught hold of an unknown person aged about 35 to 40 years and demanded his identity since he was wandering in the locality in a suspicious manner and instead of replying to the same, deceased tried to throw stones on accused and accused persons in turn began to assault the deceased with stones and as such deceased started running and he was chased by accused persons and was caught and tied with a rope to the pole located near Durgha temple and thereafter accused persons started assaulting him with plastic pipe one after other, which resulted in deceased sustaining grievous injuries as a result of which he succumbed to the injuries. It is further alleged that at about 4.30 p.m. accused persons buried the dead body of deceased in a burial ground situated nearby and same came to his knowledge on discreet enquiries which information complainant claims to have gathered through CWs. 4 to 9. After registering said complaint, jurisdictional police have investigated the matter and have filed the charge-sheet against accused persons/petitioners for the offences punishable under Sections 143, 147, 148, 302 and 201 read with Section 149 of IPC.

It is the contention of learned Advocate that petitioners have been falsely implicated, there are no eye-witnesses to the incident and it is totally based on circumstantial evidence. He also submits that there is no motive alleged against petitioners and the alleged object used to assault the deceased being a plastic pipe, which is not a deadly weapon sufficient enough to cause the death. He also submits in view of charge-sheet having been filed and custodial interrogation not being required, petitioners may be enlarged on bail since they are having permanent roots in the Society.

Per contra, learned High Court Government Pleader would oppose grant of prayer contending that there is prima facie material against petitioners and if they are enlarged on bail, they are likely to abscond. Hence, he prays for rejection of the petition.

Having heard the learned Advocates appearing for parties and on perusal of records, it would indicate that complainant is not an eye-witness to the incident in question. It is the case of prosecution that on 04.07.2015 when deceased was wandering at 10th Cross Kalaburagi, at about 2.00 a.m. (midnight) in a suspicious manner, he was questioned by accused persons and on account of deceased having made an attempt to throw stones at them, accused persons had in retaliation pelted stones against deceased, caught hold of him and is said to have beaten him to death. Prosecution is relying on the statement made by CWs. 4 to 9 very heavily contending that they are eye-witnesses to the incident. Perusal of statements of CWs. 4 to 9 made available by learned High Court Government Pleader would indicate that their statements are phototype and no explanation is forthcoming for their presence at the spot or at the place of incident on 14.07.2015 at about 2.00 a.m. i.e., in the midnight. Thus, prosecution will have to establish this fact during the course of trial and same has to be thrashed out at that stage. Yet another factor which cannot be lost sight of is there is no motive alleged against petitioners for having assaulted the deceased.

Learned High Court Government Pleader submit that statement of witnesses who have affixed the signature to Property Seizure Mahazar have not been obtained which factor also tilts in favour of petitioner for enlarging them on bail. Hence, I proceed to pass the following:

ORDER

(a) Criminal Petition is hereby allowed.

(b) Petitioners are ordered to be enlarged on bail in Crime No. 125/2015 registered by Station Bazar Police Station, Kalaburagi, on petitioners executing a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh Only) each with one solvent surety for the like sum to the satisfaction of jurisdictional Court and subject to following conditions:

(i) Petitioners shall not tamper or terrorise prosecution witnesses in any manner whatsoever;

(ii) Petitioners shall not leave jurisdiction of Court without express permission;

(iii) Petitioners shall not indulge in any acts similar to the one alleged;

(iv) Petitioners without seeking exemption shall appear before the jurisdictional Court on all dates of hearing except under exceptional circumstances;

(v) If petitioners violate any one of conditions, prosecution is at liberty to seek for cancellation of bail.