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Judgment
This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking regular bail in Crime No.107/2016 of Bhalki Rural Police Station, Bidar, registered for the offences punishable under Section 302 of IPC.
Brief facts leading to filing of the complaint are that, on 18.04.2016 his deceased brother by name Ravi @ Yogesh left the house by saying that he will be doing a conductor work in a Maxicab and has not returned to the house. It is further alleged in the complaint that on 20.04.2016 at about 7:00 a.m. some people noticed the dead body of Ravi @ Yogesh near the Government School compound in a land of Vaijanath Bulle and by hearing the same, the complainant also went and noticed it was the body of his brother Ravi. On the basis of the complaint, a case was registered and during the course of investigation it was noticed on the basis of extra judicial confession made before the witnesses accused on 19.04.2016 the wife of the petitioner was found in compromising position with the deceased at about 10:00 p.m. in the said land and by seeing the same, the petitioner by putting a stone on the head caused death of the deceased. On the basis of the said extra judicial confession made before the witnesses, the accused has been apprehended and now he is in judicial custody.
I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.
The main grounds urged by the learned counsel for the petitioner are that there are no eyewitnesses to the alleged incident, except extra judicial confession made by the accused-petitioner before the CWs.8, 9 and 10 and he has done the said act only because of sudden and grave provocation. On these grounds, he prays for allowing the petition.
On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that at this juncture, if the petitioner is released on bail, there is likelihood of he being absconded and he may not be available for trial. On these grounds, he prays for dismissal of the petition.
I have gone through the copy of the FIR, complaint and other material produced along with the petition. As could be seen from the complaint, it reveals that there is no dispute with regard to the fact that accused-petitioner by seeing the deceased and his wife in compromising position in the field, he took a big stone and put on the head of deceased and thereby caused the death of deceased. Whether the said act of the accused-petitioner is going to cover under any one of the exception provided in the IPC is a mater which has to be adjudicated at the time of trial and at this premature stage it is not possible to come to the conclusion that the said act of the accused-petitioner is coming under the fact of sudden and grave provocation. Apart from this, when the accused has been involved in a heinous offence of committing murder of the deceased Ravi @ Yogesh and the said offence is punishable with death or imprisonment for life, keeping in view the gravity of offence and when the accused himself has confessed before the witnesses, under such circumstances, I feel it is not just and proper to release the accused on bail.
Keeping in view the above said facts and circumstances of the case, the petition is dismissed.