Sampangi @ Arun vs The State of Karnataka

H.S. Kempanna, J.—The petitioner who is arrayed as A3 in S.C. No. 1110/13 on the file X Addl. CMM Court, Bangalore City registered for the offences u/ss. 148, 364, 302, 201 r/w. Section 149 of IPC and u/s 120B of IPC is before this Court praying for enlarging him on bail. It is me case of the prosecution on 6.1.2013 this petitioner along with other accused in the case hatched a conspiracy to finish off the deceased Venkatswamy @ Putta and in pursuance of the said conspiracy on that day they purchased a knife/long and thereafter on that day at about 4.30 p.m. when the deceased and CW1 were in their vehicle near a Banyan tree situated at Devarabisanahalli, accused in this case, including the petitioners came to the said place in a Winger Van bearing Regn. No. KA53A 3629, thereafter they took both CW1 and the deceased in their van stating a galata has taken place at Shidlagatta in connection with the sister of A1 and thereafter on the way to Shidlaghatta, they all took drinks in a Bar. Thereafter while they were proceeding towards Sidhlagatta, accused picked-up quarrel with the deceased saying that "is he the ring leader of the place Devarabisanahalli" and so saying the A4 aimed a blow at the deceased and on account of his warding of the same, it landed on his left hand and caused injury which started bleeding. It is further alleged that thereafter accused assaulted the deceased Venkatswamy @ Putta with knife and committed his murder in the car. The complainant got scared and he sat in the rear seat of the car. Thereafter, in order to cause disappearance of the evidence of said murder, in order to screen themselves from legal punishment, brought the body of the deceased in the car and threw the same in a canal running by the side of the mud road at Chokkasandra situated off the road leading from Chintamani to Hoskote and thereafter alighted the complainant threatening him with dire consequences not to reveal the same and sped away from the said place.

The learned counsel for the petitioners submits the occurrence in this case according to the first informant took place on 6.1.2013. He is the eye witness to the murder of the deceased. He has filed the complaint on 10.1.2013 nearly about 4 days after the occurrence. He further submits a reading of the first information discloses that on that day he was at Davangere. The complaint is filed before the police at about 4.30 p.m. The complaint reveals that on that day at about 4.00 p.m. he had contacted the brother of the deceased from Davangere on phone. That would indicate the complaint has been got up in the case falsely fixing the accused. He further submits if really the complainant''s version is to be accepted, he would not have failed to file the complaint immediately on the next day i.e. on 7.1.2013. A1, A2, A4, A5 have been granted bail by this court and A6 has been granted anticipatory bail by Jurisdictional Sessions Court respectively. The petitioner is in custody since 17.1.2013 and hence, he be released on bail.

Per Contra, learned HCGP vehemently opposed the application filed by the petitioners.

Homicidal death of the deceased Venkatsway @ Putta in this case is not disputed. Occurrence according to the first informant took place on 6.1.2013 when the first informant and the deceased were taken in the car by the accused. The complaint has come to be filed on 10.1.2013 about 4 days after the occurrence. The material on record reveals the complainant was present on 7.1.2013 and he has pointed out the place where the body of the deceased has been thrown in the canal running by the side of the mud road at Chokkasandra. A1, A2, A4, A5 have been granted bail by this court and A6 has been granted anticipatory bail by Jurisdictional Sessions Court respectively. The present petitioner is in custody since 17.1.2013. Taking these factors into consideration in the circumstances, I do not find any justification to decline the request of this petitioner also. Accordingly, I proceed to pass the following:--

ORDER

i) The Petition is allowed;

ii) The petitioner is ordered to be released on bail on his executing a personal bond in a sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the learned Sessions Judge subject to the following conditions:--

i) He shall not tamper with the prosecution witnesses;

ii He shall attend the court on all the dates of hearing.