Rangaswamy @ Kutty vs State of Karnataka

A.S. Pachhapure, J.—The Petitioner herein has sought for bail, having been arrested and charge sheeted for the offence punishable u/s 302 Read with 34 I.P.C.

The facts reveal that, the deceased Rama was employed by the Complainant and he used to leave the daughter of Complainant to the school every day. On 11.08.2009 at about 8 P.M the Complainant received a mobile call and was informed that one Raghu has caused galata and there is a quarrel between the said Raghu and Rama, later the deceased came to the house and informed about the incident. On 13.08.2009 when the deceased Rama took the complainant''s daughter to the school, at 8.45 A.M the Complainant received the mobile call informing that the deceased Rama was assaulted with a knife. The Complainant went to the spot and found injuries on the body of the deceased, he enquired the deceased about the persons who assaulted him and at that time the deceased revealed the name of Raghu, Ravi and other persons who stabbed him with knife and razor. The deceased was brought to the hospital and on the next morning at about 10.00 A.M he succumbed to the injuries. In these circumstances the complaint came to be filed. During the investigation the Petitioner was arrested, the investigation is complete and the charge sheet is said to have been filed.

The Petitioner submits the he is innocent and not involved in any crime that there is no material for the offence u/s 302 Read with 34 I.P.C and he is ready and willing to abide by conditions that may be imposed by the court for his release on bail.

As could be seen from the submission made by the HCGP, CW 1 is the only witness and the CW 14, 15, 16, 17 and 18 who speak about the conspiracy and assault on the deceased. I have heard the Counsels for the parties.

As the charge sheet has been already filed, for the pressure of the Petitioner not necessary. Taking into consideration the fact that the name of the Petitioner not mentioned in the complaint and he was arrested during the course of investigation, the Petitioner is entitled to bail sought for.

Hence, the petition is allowed.

The Petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs. 50,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court with the further following conditions.

(i) The Petitioner shall attend the court on every fifteen days.

(ii) The Petitioner 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.