Preetham Tamang vs State of Karnataka

A.S. Pachhapure, J.—It is alleged that on 09.02.2010 at about 2.00 p.m. the complainant-R. Sridhar was proceeding in his auto rickshaw towards Koramangala and when ne came. near Lemon Grass Hotel, near the Banyan Tree., in front of ''which there was a tank, he saw 5-6 persons seeing at the place curiously, he also stopped the auto rickshaw and went there and found a dead body of a person, aged in between 20-25 years with injuries by sharp edged weapons. It is thereafter, he approached the Police and submitted his complaint for the offence punishable under Sections 302 and 201 IPC.

During the course of investigation, the Petitioner has been arrested. The investigation reveal that on 08.02.2010 at about 1.0.30 p.m., the Petitioner and another accused in furtherance of their common intention and in conspiracy with accused Nos. 1 and 2 stayed in the house of Amruth Ray [deceased] and took, a drop in his car requesting him to leave near their house. While the car was proceeding they stopped the car and accused Nos. 1 to 4 said to have assaulted the deceased with knife by causing injuries on the neck and other parts of the body and took away the mobile, watch. ATM card, Debit card, etc., from the deceased. Thereafter, they went to the house of the deceased, wherein his wife Janaki [deceased] was there and the accused went inside the house by threatening her to give valuables, caused her death by assaulting on her neck with knife and took away a mobile, silver key-chain, two ATM Cards. During the investigation, the Petitioners and the other accused were arrested.

It is the case of the Petitioner that he is innocent and has not committed any offence much less the one alleged Further he submits that he is ready and willing to abide by any conditions that may be imposed for his release on bail. It is the case of the Petitioner that there is no material against him for the offence registered and therefore sought for grant of bail.

I have heard the learned Counsel for the Petitioner and also the learned High Court Government Pleader.

The perusal of the post-mortem reports of the deceased Amruth Ray and Janaki reveal that the injuries sustained were by sharp edged weapons There were as many as 16 injuries on the body of the deceased Amruth Ray, whereas 9 injuries were on the body of the deceased Janaki. Such injuries can be caused even by a knife.

The perusal of the statement of the witnesses reveal that accused are known to each other and are residing at Bangalore having come from another- state and were visiting the house of the deceased now and then. Even on the day when the incident took place, the witnesses have seen the accused going out of the house of the deceased Janaki after the incident. The Police have recorded the statement of the witnesses of the adjoining houses. So also, the knife has been recovered at the instance of the accused and the said knife was purchased in a bazaar at Madivala and the material placed on record reveal strong circumstances involving the Petitioner in the instant case

Taking into consideration the fact that two persons were done to death because of the conspiracy and assault on the deceased with the knives that is also for some wrongful gain, I am of the opinion that it is not a fit. case wherein bail could be granted.

In the circumstances, the petition is dismissed.