N.Devaraja Rao @ Deva vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.5 in Crime No.20/2022 of Nuggehalli Police Station, Hassan District, for an offence punishable under Section 302 read with Section 34 of IPC.

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

The factual matrix of the case of the prosecution is that accused No.1 was having illicit relationship with accused No.2. Hence, engaged the services of accused Nos.3 and 4 by giving Supari of Rs.5 Lakhs. In furtherance of the said conspiracy that on 21.12.2021, accused Nos.4 and 5 waited to eliminate the victim. But the victim did not come out from the house. Hence, the plan was not successful. That on 31.01.2022, when the victim was proceeding along with CWs.2 and 3 at around 3:45 p.m, near the land of Honnenahalli Rajanna, accused Nos.3 and 4, who took the supari came in the Discovery motorcycle and inflicted injury by iron-pipe and committed the murder. The police have registered a case, investigated the matter and filed the charge sheet.

The learned counsel appearing for the petitioner would submit that on the date of the alleged incident on 31.01.2022, this petitioner was not present and an overt act allegation is made against accused Nos.3 and 4. The only allegation against him is that he was very much present on 21.12.2021 and only he was waited along with accused No.4 but not implemented the plan. However, only based on the allegation that he was part of an intention to take away the life on the earlier occasion, he has been arraigned as an accused. The learned counsel also would submit that Section 120B is invoked but in order to prove Section 120B there is no direct evidence and the same has to be proved by examining the witnesses during the course of trial. Hence, the presence of this petitioner is not required.

Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that all of them have conspired with each other and this petitioner also joined along with accused No.4 in order to eliminate the deceased on 21.12.2021, but they have not successful on that day. Subsequently, on 31.01.2022, accused Nos.3 and 4, who are the Supari Killers, committed the murder.

Having considered the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader appearing for the State and considering the accusations made against this petitioner and only an allegation against him is that he was waited along with accused No.4 on 21.12.2021, but on the date of the alleged incident of murder, he was not present. Whether he was the part of the conspiracy along with other accused persons is a matter of trial and the same has to be proved during the course of trial by examining the circumstantial witnesses with regard to the conspiracy is concerned and the conspiracy cannot be proved by direct evidence. Hence, it is a fit case to exercise the discretion against the petitioner under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER

The Petition is allowed. Consequently, the petitioner/accused No.5 shall be released on bail in Crime No.20/2022 of Nuggehalli Police Station, Hassan District, for an offence punishable under Section 302 read with Section 34 of IPC, subject to the following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.