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Judgment
Anil B Katti, J
The petitioner/accused No.2 filed this petition under Section 439 of Cr.P.C. for releasing him on bail.
The Trial Court rejected the bail application of accused No.2 in Criminal Miscellaneous No.994/2023 filed by accused No.2 vide order dated 28.11.2023.
Heard arguments of both sides.
On the basis of complaint filed by Yeshu S/o Daniyal, criminal law was set into motion by registering the case in Crime No.262/2023 of Manvi Police Station against accused Nos.1 and 2 for the offences punishable under Sections 302, 504, 506 read with Section 34 of Indian Penal Code. It is alleged in the complaint that the construction of platform in front of the Methodist Church was in progress. The complainant and his brother Ravi went to the said place to look after the work. At that time, son of complainant Aryan was sitting on the platform in front of the Church. Accused No.1 Puttaraj S/o Chandrappa unloaded the cement bags. Accused No.1 with an intention to commit murder of son of the complainant, dashed against the son of the complainant and the wheels of the tractor ran over on the head of son of the complainant. Due to which, Aryan succumbed to the injuries sustained over his head on the spot itself. When the complainant questioned the act of accused No.1, accused No.2 alleged to have abused the complainant in filthy language and said to have justified the act of accused No.1 in committing the murder of son of the complainant Aryan.
Learned High Court Government Pleader in the objections' statement has contended that accused No.2 has joined the hands with accused No.1 in committing the murder of son of the complainant Aryan. The investigation is not yet completed. If accused No.2 is ordered to be released on bail, he may abscond from the process of law and tamper with the prosecution witness.
Looking to the complaint allegations and the remand application filed by the Investigating Officer dated 09.10.2023, it would go to show that the overt act of driving the tractor with an intention to commit murder of son of complainant Aryan, dashed against him and the wheels of tractor were ran over on the head of son of the complainant, due to which, Aryan died on the spot itself. The entire complaint allegations are revolving around accused No.1. The complaint allegations would also further reveal that accused No.2 even was not present at the time when the incident took place and it appears that he came later, while the complainant was questioning accused No.1, accused No.2 alleged to have abused the complainant in filthy language and justified the overt act of accused No.1 in committing the murder of son of the complainant Aryan. Whether accused No.2 has joined his hands with accused No.1 in committing the murder of son of the complainant is a matter of trial and there are no any direct allegations against accused No.2. He is no way concerned with the overt act of accused No.1 in committing the murder of son of the complainant.
Accused No.2 is arrested and produced before the Court on 09.10.2023 and since then, he is in judicial custody and the learned High Court Government Pleader submits that the charge-sheet is not yet filed. In the absence of any direct allegations against accused No.2, continuation of accused No.2 in judicial custody in the given facts and circumstances of the case is totally unwarranted and hence, he is entitled to be released on bail. Consequently, proceed to pass the following:
ORDER
The bail application filed by the petitioner/accused No.2 is hereby allowed.
The petitioner/Accused No.2 is ordered to be released on bail in Crime No.262/2023 of Manvi Police Station for the offences punishable under Sections 302, 504, 506 read with Section 34 of Indian Penal Code, subject to the following conditions:-
(i) The petitioner/accused No.2 shall execute a personal bond and surety bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for likesum amount to the satisfaction of the Trial Court.
(ii) The petitioner/Accused No.2 shall not tamper the prosecution witnesses in any manner.
(iii) The petitioner/Accused No.2 shall produce address proof documents before the Trial Court subject to police verification.
(iv) Accused No.2 shall not leave the jurisdiction of the Trial Court without its prior consent.