AI Structured Summary
Not yet generated for this judgment
Judgment
S Vishwajith Shetty, J
Accused Nos.3 and 4 in Crime No.73/2023 registered by Udayagiri Police Station, Mysuru City for the offence punishable under Sections 302 and 120B read with Section 34 of IPC are before this Court under Section 439 of Cr.P.C. in these two petitions.
Heard the learned Counsel appearing for the petitioner and learned High Court Government Pleader for respondent-State.
Complainant-Fayaz Ahamed had approached Udayagiri Police station on 08.05.2023 and submitted a typed complaint, based on which, FIR in Crime No.73/2023 was registered against Syed Manan and three others for the offence punishable under Section 302 read with 34 of IPC. The petitioners were arraigned as accused Nos.3 and 4 in FIR. In the complaint, it is averred that, the complainant was residing along with his second wife Dr. Lalitha and son-Mohd. Javeed Ahamed born to the second wife. The complainant’s first wife Arifunnisa was residing separately along with her children and grand children. Accused No.1 is the son of Arifunnisa’s daughter. Accused No.1 was allegedly in bad company and along with his friends, he used to roam around and spend money and therefore, he constantly made demand for money in his house. Accused No.1 allegedly knew that the complainant’s son, Mohd. Javeed Ahmed, used to stay alone in the house when his parents were out. At about 9.45 p.m. on 08.05.2023, the complainant received a phone call from his wife, Dr. Lalitha, who informed him that their son was not picking up the phone. Therefore, the complainant went to the house and found that the door was locked from inside. Therefore, the door was forcibly broken and when the complainant went inside the house, he found his son’s body lying in the house and the accused persons who were hiding inside the house allegedly ran away. Though complainant’s son was shifted to the hospital, he was declared dead in the hospital and therefore, the complainant had approached the police and lodged a complaint.
During the course of investigation, the accused persons were arrested on 08.05.2023. Investigation in the case is complete and the charge-sheet has been filed. Bail application filed by the petitioners herein before the jurisdictional Sessions Court was rejected. Therefore, they are before this Court.
Learned counsel for the petitioner submits that the petitioners have no criminal antecedents and are youngsters aged about 18 years. The allegation of assault on the head is mainly against accused No.1. The post-mortem report would go to show that the deceased had suffered only one head injury. Accordingly, he prays to allow the petitions.
Per contra, learned HCGP appearing for the respondent-State opposed the bail application.
The charge-sheet material would go to show that on 08.05.2023, the accused persons had entered the house of the deceased, who is the son of the complainant, when the complainant and his wife, Dr. Lalitha were not in the house. As per the charge-sheet allegations, accused Nos.3 and 4 allegedly held the deceased and accused No.1, who is a juvenile, allegedly assaulted the deceased on his head with a wooden reaper used for the purpose of cutting vegetables. It is also alleged in the charge-sheet thereafter accused Nos.2, who is also a juvenile and accused Nos.3 and 4 have also assaulted the deceased Mohd. Javeed Ahmed on his head with the same reaper. The post-mortem report however would go to show that deceased Mohd. Javeed Ahmed had suffered only one injury on his head and the cause of death was due to the said injury. The petitioners are aged about 18 years and have no criminal antecedents and they are in custody from 08.05.2023. Their continued detention, is likely to have an adverse impact on their career and also future prospects. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively.
Accordingly, the petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.73/2023 of Udayagiri Police Station registered for the offences punishable under Sections 302, 120B read with Section 34 of IPC, subject to the following conditions:
a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.