AI Structured Summary
Not yet generated for this judgment
Judgment
Shivashankar Amarannavar, J
This appeal is filed praying to set aside the order dated 04.07.2023 passed in S.C.No.82/2023 by the Principal District and Sessions Judge, Chamarajanagara, where under the bail application of this appellant/accused No.1 sought in respect of Crime No.24/2023 of Yalandur Police Station for the offences punishable under Section 302, 201, 120(B) r/w 34 of Indian Penal Code, and Section 3(2)(V)(Va) of the Schedule Cast/Schedule Tribe (prevention of Atrocities) Act, 1989 came to be rejected.
Heard learned counsel for the appellant/accused No.2 and learned High Court Government Pleader for respondent No.1/State. In spite of service of notice to respondent No.2/Complaiant remained absent and unrepresented.
The case of the prosecution is that, the deceased Somesh belongs to schedule cast community and the appellant/accused No.1 knew the same. The deceased Somesh expressed his intention to sleep with the sister of the appellant/accused No.1 and therefore, the appellant/accused No.1 decided to murder the deceased Somesh. He informed the same to his aunt's son i.e. accused No.2. The accused No.2 asked to the appellant/accused No.1 to bring the deceased Somesh to Yalandur. On 27.02.2023 the appellant/accused No.1 brought Somesh to Yalandur on motor vehicle which is not having number plate and met the accused No.2. Both accused Nos.1 and 2 took the deceased Somesh to Renukamba Bar and made the deceased to consume alcohol and thereafter, all three went near Junior College of Yanlandur. The accused No.2 went to the shop of CW-9 and brought one rod from the said Gujari shop. All three went to near Kesthuru Cross Kabini Channal to the land bearing Sy.No.207/2B2 and the accused No. 2 assaulted the deceased Somesh by rod on his head and the appellant/accused No.1 assaulted the deceased Somesh on his face and other parts of the body and committed his murder. Thereafter, the appellant/accused No.1 has written the chits stated deceased himself is reason for his death. Charge sheet came to be filed against accused Nos.1 and 2 for the aforesaid offences. The appellant/accused No.1 came to be arrest on 03.03.2023 and he is in judicial custody. The appellant/accused No.1 has filed bail application in S.C. No. 82/2023 and same came to be rejected by the impugned order dated 04.07.2023. The said order is challenged in this appeal by the appellant/accused No.1.
Learned counsel for the appellant/accused No.1 would contend that the complaint came to be filed against unknown person by the father of the deceased Somesh. The charge sheet came to be filed against two accused persons. There are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. The accused No.2 made extra judicial confession over phone call to one Chandru(CW-5) and who has recorded the same conversation in his mobile and his statement is also recorded under Section 164 of Cr.P.C. The only circumstances against this appellant/accused No.1 is that he has last seen with the deceased Somesh and accused No.2 on 27.02.2023 at about 2.07p.m in Renukamba Bar. As the charge sheet is filed and as the case of the prosecution is based on circumstantial evidence, it is for prosecution to establish each of the circumstance at the trial. Without considering these aspects the learned Special judge has erred in rejecting the bail application of the appellant/accused No.1 which requires interference by this Court. With this he prayed to allow the appeal and grant bail to the appellant/accused No.1.
Per contra, learned High Court Government Pleader would contend that the offences alleged against the appellant/accused No.1 are heinous offences. Two staffs of Renukamba Bar have seen the deceased Somesh along with accused Nos. 1 and 2 on 27.02.2023 and it is recorded in CCTV footage. The chits were found on the spot and writing in those chits is hand writing of the appellant/accused No.1 as per report of the hand writing expert. There are several injuries found on the dead body of the deceased which are noted in the post mortem report. On perusal of charge sheet material there is prima facie case against this appellant/accused No.1 for offences alleged against him. With this he prays to dismiss the appeal.
Having heard learned counsel for the appellant/accused No.1 and learned High Court Government Pleader, this Court has gone through the impugned order and charge sheet material.
The motive alleged against this appellant/accused No.1 is that the deceased Somesh expressed his intention to sleep with his sister and therefore, the appellant/accused No.1 with the help of the accused No.2 committed the murder of the deceased Somesh. The accusation in the charge sheet is that accused Nos.1 and 2 took the deceased and assaulted him with rod on his head and other parts of the body and committed his murder. There are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. The two circumstances against this appellant/accused No.1 are that he is last seen with the deceased and accused No.2 in the Renukamba Bar by the staff of the Renukamba Bar on 27.02.2023 at about 2.07p.m and it is recorded in the CCTV footage. The other circumstance is that the chits were found on the spot contained hand writing of this appellant/accused No.1. There is no recovery of any article at the instance of this appellant/accused No.1 as the case is based on circumstantial evidence. The prosecution is to prove each of the circumstances at the trial. As charge sheet is filed, the appellant/accused No.1 is not required for custodial interrogation. Without considering all these aspects the learned Special Judge has erred in rejecting the bail application of this appellant/accused No.1. The appellant/accused No.1 has made out grounds for setting aside the impugned order and grant of bail. In the result following
ORDER
i) The appeal is allowed.
ii) The impugned order dated 04.07.2023 passed in S.C.No.82/2023 by the Principal District and Sessions Judge, Chamarajanagara is set aside. The bail application of the appellant/accused No.1 stands allowed. The appellants/accused No.1 is ordered to be released on bail in Crime No.24/2023 of the Yalandur Police Station, subject to the following conditions;
a. The appellant-accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with one surety for the likesum to the satisfaction of the trial Court;
b. The appellant-accused No.1 shall not threaten the complainant or tamper prosecution witnesses.
c. The appellant-accused No.1 shall appear before the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.