Munir Sharif vs State

H.S. Kempanna, J.—The petitioner who is arrayed as A3 in C.C. No. 1393/2013 on the file of the JMFC, K.R. Nagar, registered for the offences u/ss. 302, 301, 120B r/w. 34 of IPC is before this Court praying for releasing him on bail. It is the case of the prosecution the deceased Ahmed Sharif @ Papu is the brother-in-law of this petitioner and brother of A2 in this case. The deceased was working as a loader in a godown at Mysore. He had become addicted to drinks and was also a vagabond. In order to meet his expenses the deceased was pestering his family members i.e. his brother-A2, his sister who are the wives of this petitioner and the complainant to give him money. Though to some extent they had met the requirement the deceased being not satisfied with the same was pestering them to pay money. It is also alleged that Mehboob Sharif, who is the father of the deceased and A2, had expired while he was working in FCI. An amount of Rs. 3,00,000/- had been received by his wife Salima Jam, who is the mother of the deceased. Out of the said amount the mother had performed the marriages of her daughters and had kept some amount with her. The petitioner was pestering her to pay the amount of his share and in that connection he was making galata in the house in his drunken state. Wordy duals were also taking place. Having been fed up with the act of the deceased A2 and this petitioner hatched a conspiracy to finish off the deceased. Accordingly, it is the case of the prosecution they engaged the services of A1 and on 29.6.2013, A2 and A3 secured A1 to K.R. Nagar and agreed to pay a sum of Rs. 30,000/- as ''supari'' to finish off the deceased. Thereafter it is alleged the deceased was secured by A1 to K.R. Nagar, made him to drink in a bar and after boozing, A1 took the deceased in a scooter by the side of Chamarajanagar right bank canal and there at about 10.00 p.m. committed the murder of the deceased by throwing a stone on his head and thereafter in order to cause disappearance of the murder committed by him, burnt the body by pouring petrol to screen from legal punishment.

The learned counsel for the petitioner submits admittedly this petitioner was not present at the time he murder was committed. He has been tried to be legged-in by virtue of Section 120B of IPC on the ground that he had hatched a conspiracy along with other two accused to finish off the deceased The allegations reveal deceased was pestering to pay him money more particularly his mother who had kept a part of the PF amount which she had received on account of the death of her husband who was working in FCI. Therefore, he submits as the petitioner is in custody since 30.6.2013 as the investigation is completed and charge sheet is filed, he be released on bail.

The application is opposed by the State.

Having regard to the material now on record taking into account that the deceased was pestering his family members for money, more particularly his mother who had kept portion of the PF amount which she had received on account of the death of her husband who was working in FCI and further taking into consideration that this petitioner was not present at the place where the deceased was taken boozing in K.R. Nagar and the place where the murder has been committed and as he is in custody since 30.6.2013, in the circumstances, there is no justifiable reason to decline his request. Accordingly, I proceed to pass the following:--

1) The petition is allowed;

2) The petitioner is ordered to be released on bail on his executing a personal bond in a sum of Rs. 30,000/- with one surety for the likesum to the satisfaction of the Committal Magistrate or to the Court of Sessions if the case is committed subject to the following conditions:--

i) He shall not tamper with the prosecution witnesses;

ii He shall attend the court on all the dates of hearing.