Raja @ Nagaraja vs State of Karnataka

A.S. Pachhapure, J.—Elizabeth Rani, wife of Michael, filed a complaint with the Police alleging that her husband had gone for work on 28.01.2010 and did not return. Thereafter, she learnt that his dead body had fallen by the side of the road leading to Kendagannapura and found that there were several injuries on the body of the deceased. Thereafter, she filed a complaint against unknown persons. During the course of investigation, the Petitioner''s name has been revealed.

It is the submission of the learned Counsel for the Petitioner that accused Nos. 2 and 3 had been released on bail and further that there is no material against the Petitioner for the offence punishable u/s 302 IPC.

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

The name of the Petitioner was revealed for the first time during interrogation of the other accused. So far as the presence of the Petitioner along with the other accused in the crime is concerned, the statement of one Chandra has been recorded. Initially, Chandra did not refer the name of the Petitioner. But, in his additional statement, he has stated the name of the Petitioner being the person with the deceased at the Bar. Apart from the additional statement and the voluntary statement of the accused, it appears that there is no such material against the Petitioner. The possibility of false implication of the Petitioner in the crime cannot be over-ruled. But, anyhow, circumstances will have to be proved by the prosecution in the course of trial. Hence, I am of the opinion that it is a fit case wherein anticipatory bail is to be granted.

In the result, the petition is allowed. The Petitioner is ordered to be released on bail in the event of his arrest, on his executing a personal bond for a sum of Rs. 50,000-00 with one solvent surety for the likesum to the satisfaction of the arresting authority with further following conditions:

1) The Petitioner shall appear before the Police station concerned, within 5 days from today.

2) He shall be made available for interrogation by a police officer as and when he is required.

3) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

4) He shall attend the Court as and when directed.

5) He shall appear before the concerned Police Station every Sunday in between 10.00 and 11.00 a.m. until further Orders.