Murthy, H.Y. Rajakumara, H.S. Kirana and Nanjunda vs State of Karnataka

Budihal R.B., J.—This is a petition filed by the petitioners - accused No. 5 to 8 u/s 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 143, 147, 148, 114 and 302 r/w 149 of IPC registered in the respondent - Police Station Crime No. 444/2013. The brief facts of the prosecution case is that on 03.11.2013 at about 08.00 P.M. Complainant by name - Devaraj came before the police and gave a complaint alleging that the deceased - Shivaraju and accused No. 1 - Kantharaju are brothers and relatives of the Complainant. It is alleged in the complaint that on 02.11.2013 at about 10.30 P.M. quarrel took place between the deceased and accused No. 1 and after hearing the same the Complainant came to the house of the deceased and saw accused No. 3 - Byrappa, accused No. 1 - Kantharaju and accused No. 2 - Hemantha caught hold hands and legs of the deceased - Shivaraju and accused No. 4 - Manu put rope on his neck and they have tied rope to the neck of the deceased - Shivaraju and deceased - Shivaraju breathed his last. The mother of the deceased - Gowramma and wife of the deceased - Yashodamma were provoking the other accused. On the basis of the said Complainant case has been registered against the accused 1 to 4 and during the course of investigation the Investigating Officer arrayed the present petitioners as accused No. 5 to 8 for the alleged offences.

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

The learned counsel appearing for petitioners submitted that in the FIR the names of these petitioners were not at all mentioned and even looking to the investigating materials collected by the prosecution prima facie would not show involvement of the present petitioners in the commission of the alleged offences. He further submitted that there are no recoveries at the instance of these petitioners and even there is no statement of witnesses to show that these petitioners are also done overt acts on the deceased and committed his murder. It is further contended that the lower court rejected the bail application of the petitioners only on the ground that the investigation is still under progress. He submitted that now the investigation is completed and charge sheet is filed and hence by imposing any conditions the petitioners be admitted to bail.

As against this, the learned HCGP during the course of his arguments submitted that all these petitioners have also given voluntary statement stating that if they are taken they will show the place where incident has taken place and the death of the deceased -Shivaraju is caused. He also made submissions that statement of other accused persons goes to show involvement of the present petitioners in the commission of the alleged offences. He submit that there is prima facie material against the petitioners for their involvement in the commission of the alleged offences. Hence, he prays to reject the bail petition.

I have perused the averments made in the bail petition and other materials placed on record. It is submitted by the learned counsel for petitioners that in the FIR names of these petitioners were, not at all mentioned at the first instance and looking to the allegations in the complaint they are mainly against accused No. 1 to 4. Even perusing the investigating material collected by the Investigating Officer during the investigation, except voluntary statement of these petitioners that if taken they will show the place where incident has taken place and the murder of the deceased has been caused. Admittedly no recoveries have been effected at the instance of the present petitioners. Even there is no statement of any other witnesses to the effect that there is overt acts done by these petitioners on the deceased and thereby caused death of the deceased. In the absence of such material, now it cannot be said that prosecution placed prima facie material against the present petitioners. In the bail petition it is the contention of the petitioners that they are innocent and not at all involved in the commission of the alleged offences and they are ready to abide by any of the conditions to be imposed by this court. Further, it is submitted by the learned counsel for petitioners that the investigation is complete and charge sheet is filed, which fact is not disputed by the learned HCGP. Under these circumstances, this is a fit case to exercise discretion in favour of the present petitioners. Accordingly, the criminal petition is allowed. The petitioners - accused No. 5 to 8 are ordered to be released on bail of the offences punishable under Sections 143, 147, 148, 114 and 302 r/w 149 of IPC registered in the respondent - police station Crime No. 444/2013, subject to the following conditions:

i) Each of the Petitioners have to execute personal bond for Rs. 1,00,000/- and have to furnish one surety for the like sum to the satisfaction of the concerned Court;

ii) The petitioners shall not tamper with. any prosecution witnesses, directly or indirectly;

iii) The petitioners have to make themselves available before the Investigating Officer for interrogation whenever called for;

iv) The petitioners have to appear before the concerned Court of Magistrate within 30 days from the date of this order to execute the personal bond and also the surety bond.