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Judgment
S Vishwajith Shetty, J
Accused in S.C.No.98/2023 pending before the Court of the II Additional District & Sessions Judge Mysuru, arising out of Crime No.14/2014 registered by Narasimharaja Police Station, Mysuru City, for the offence punishable under Section 302 of IPC, is before this Court under Section 439 of Cr.P.C. with a prayer seeking regular bail.
Heard the learned counsel for the parties.
F.I.R. in Crime No.14/2014 was registered by Narasimharaja Police Station, Mysuru, against petitioner herein, for the aforesaid offence, on the basis of first information dated 04.02.2014 received from Smt Zainab Jan mother in law of deceased Raseena. Investigation in the case was completed and charge sheet dated 14.12.2014 was submitted before the committal Court on 03.01.2015. In the charge sheet petitioner was arrayed as accused No.1 and he was shown as absconding. Subsequently, petitioner who was in custody in another case was produced before the committal Court under body warrant on 22.02.2023 and on the same day, he was remanded to the judicial custody.
The bail application filed by the petitioner in S.C.No.98/2023 before the trial Court was rejected on 27.12.2023. Therefore, he is before this Court.
Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner has been falsely implicated in the present case. Son of the first informant is the husband of deceased and children of deceased had initially informed the first informant that their father had stabbed their mother. He submits that there is an inordinate delay in recording the statement of alleged eye witnesses. The petitioner is in custody from 22.02.2023. Trial in case is yet to commence. Accordingly, prays to allow the petition.
Per contra, learned HCGP has opposed the bail petition, he submits that petitioner was absconding for a period of nearly 9 years and with great difficulty his presence was secured, in the event he is enlarged on bail, he is likely to flee away from justice. CW-2 and 3 are the eye witnesses in the present case. Accordingly, he prays to dismiss the petition.
In the first information dated 04.02.2014 submitted by the mother in law of deceased Raseena, it is stated that Raseena had deserted her husband and children and had gone to Kerala. About six months back she came back along with a boy named Ranjith. She had informed the first informant that she was in love with Ranjith and they intended to marry. Thereafter she was residing in a house which was adjacent to the house of first informant along with Ranjith. Ranjith allegedly had promised that he would get converted into Muslim religion after marriage. On 03.02.2014 there was quarrel between Raseena and Ranjith for the reason that he was not ready to be converted to Muslim religion. On the next day, at about 6.30 am the first informant heard some sound in Raseena's house and when she went there, she had found the dead body of Raseena and children of Raseena allegedly informed her that their Daddy stabbed Raseena and ran away. Thereafter, first informant approached the police and based on her first information FIR in crime No.14/2024 was registered against the petitioner.
Petitioner is a permanent resident of Kannur in Kerala State, and according to him, after he was being forced to convert into Muslim religion, he had left the company of deceased and settled in Kerala, and he was not at all aware of the incident in question till he was produced in the present case under body warrant.
Undisputedly, husband of deceased Raseena and father of CW-2 and 3 who are children of Raseena is alive and he was living in the very same village. CW-2 and 3 had informed their grand mother that their father had stabbed their mother. Statement of CW-2 and 3 who are the alleged eye witnesses in the present case has been recorded by the police on 10.12.2014 which is after a delay of more than 10 months and the charge sheet dated 14.12.2014 was submitted before the committal Court on 03.01.2015.
Petitioner is in custody in the present case from 22.02.2023 onwards. The case before the trial Court is still at the stage of framing charges. Prosecution has in all cited 37 charge sheet witnesses in the present case. Considering the facts and the circumstance case and also the period of incarceration of the petitioner, I am of the view that without expressing any opinion on the merits/demerits of the case, prayer made by the petitioner's for grant of regular bail needs to be answered affirmatively.
Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in S.C.No.98/2023 pending before the Court of the II Additional District & Sessions Judge Mysuru, arising out of Crime No.14/2014 registered by Narasimharaja Police Station, Mysuru City, for the offence punishable under Section 302 of IPC, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) 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;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) 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.