Pramoda K R vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.1 in S.C.No.5024/2022 pending before the Court of II Additional District and Sessions Judge, Kanakapura arising out of Crime No.67/2022 registered by Sathanoor Police Station, Ramanagara for the offences punishable under Sections 302, 201, 120B read with Section 34 of IPC is before this Court under Section 439 of Cr.P.C., seeking regular bail.

Heard the learned counsel for the parties.

On the report of Shekar M., head constable of Police Sathanoor Police Station dated 02.03.2022, FIR in Crime No.67/2022 was registered by Sathanoor Police Station against the petitioner and another for offences punishable under Sections 302, 201 read with Section 34 of IPC. In his report, Shekar had stated that on 02.03.2022, he received a credible information that about 15-20 days earlier, the accused persons namely Pramodh and Nagendra had brought a friend of theirs from Bengaluru to Kadahalli and they had murdered him in their village and burned his dead body. The informant enquired with the villagers and found out that the accused persons had arrived in the village a few days earlier along with their friend and they had murdered him and burned his dead body. During the course of enquiry in Crime No.67/2022, the petitioner was arrested on 02.03.2022. Investigation in the case is completed and charge sheet has been filed. The petitioner's bail application filed before the Court of II Additional District and Sessions Judge, Ramanagara in Crl.Misc.No.5041/2023 was disposed off on 23.02.2023. It is under these circumstances, the petitioner is before this Court.

Learned counsel appearing for the petitioner reiterated the grounds urged in the petition and submits that the entire case of the prosecution is based on circumstantial evidence. Investigation in the case is completed and the charge sheet has been filed. The petitioner has no criminal antecedents and he is in custody for last more than one year. Accordingly, he prays to allow the petition.

Per contra, learned HCGP has opposed the bail application and submits that there is sufficient material to connect the petitioner to the crime. Accordingly, prays to dismiss the petition.

FIR in Crime No.67/2022 was registered by Sathanoor Police Station, Ramanagara on the basis of the report submitted by Shekar M., head constable of Sathanoor Police Station. He stated that he had received a credible information that about 15-20 days earlier, the accused persons had brought their friend from Bengaluru to their village and after murdering him, they had burned his body. As on the date of report, the dead body was not recovered. Based on the report submitted by Shekar, FIR in Crime No.67/2022 was registered against the accused persons for the aforesaid offences and petitioner was arrayed as accused No.1 in the FIR. During the course of investigation, he was arrested on 02.03.2022. Investigation in the case is completed and the charge sheet has been filed. In the charge sheet also the petitioner is arrayed as accused No.1. As per the charge sheet allegation, the accused persons were acquainted to one Muruli @ Moodalagiriyappa and they were friends. They learnt that Muruli @ Moodalagiriyappa had a sum of Rs.6 lakhs in his bank account and he intended to purchase a site. The accused persons conspired to murder Muruli and rob the amount which was in his bank account. In furtherance of such conspiracy, on 12.02.2022 they took Muruli @ Moodalagiriyappa along with them to their village and had a party. Thereafter, on 13.02.2022 they took Muruli @ Moodalagiriyappa along with them to Kadahalli village and had consumed alcohol in property bearing Sy.No.46 of Kadahalli village and thereafter, murdered Muruli @ Moodalagiriyappa by strangulating his neck using his shoe lace. Thereafter by using his credit cards they had withdrawn a sum of Rs.8,000/- and had purchased 10 liters of petrol and had burned the dead body and the burned remains were disposed of in the property bearing Sy.No.64 of Kadahalli village. The entire case of the prosecution is based on the circumstantial evidence. There is nothing on record to show the accused persons had withdrawn the amount of Rs.6 lakhs, which was allegedly in the bank account of deceased Muruli @ Moodalagiriyappa. The dead body of Muruli @ Moodalagiriyappa has not been recovered. The petitioner who has no other criminal antecedents is in custody since 02.03.2022. Investigation is the case is completed and the charge sheet has been filed. The allegation as against the accused persons is required to be to be proved in the full pledged trial. Under the circumstances, I am of the view that the petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following:

ORDER

Criminal petition is allowed. The petitioner-accused No.1 is directed to be enlarged on bail in S.C.No.5024/2022 pending on the file of the II Additional District and Sessions Judge, Kanakapura arising out of Crime No.67/2022 of Sathanoor Police, Ramanagara registered for the offences punishable under Sections 302, 201, 120B read with Section 34 of IPC, subject to the following conditions:

Petitioner shall execute personal bond for a sum of Rs.1,00,000 (One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

The petitioner shall not involve in similar offences in future;

The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.