Satish G. vs State of Karnataka

H. Billappa, J.—The petitioner who is accused No. 1 in Cr. No. 646/2013 of J.P. Nagar Police Station has filed this petition under Section 439 of Cr.P.C. praying for grant of bail.

It is stated in the petition that the petitioner is innocent of the offences alleged against him. There is no prima facie case against the petitioner. The petitioner is ready to abide by all conditions that may be imposed by this court. Therefore, the petitioner has prayed for grant of bail.

A case in Cr. No. 646/13 of J.P. Nagar Police Station has been registered against unknown accused for the offence punishable under section 302 of IPC. It is alleged that on 29.8.2013 at about 4.40 a.m. when the complainant came out of his house for morning walk, he found a dead body lying in a pool of blood in front of his gate. He noticed injuries on the neck, chest and other parts of the deceased. On enquiry, the complainant came to know that the deceased was one Harish @ Arul of Marenahalli village.

After investigation, charge sheet has been filed against the petitioner and accused No. 2 for the offence punishable under section 302 of IPC. Accused No. 2 is on bail.

The learned counsel for the petitioner contended that the petitioner is innocent of the offence alleged against him and he has been falsely implicated in the case. CW-4 is only a chance witness. It is likely that he has not witnessed the incident. He has not informed the police. Apart from this, the charge sheet has been filed long ago. The petitioner is in custody since 1.9.2013. No progress has been made in the case. Therefore, the petitioner can be granted bail. He placed reliance on the following decisions:

State of Kerala Vs. Raneef,

III (2009) CCR 165 (SC)

1993 (4) Kar.L.J. 184"

As against this, the learned Government Pleader submitted that there is prima facie case against the petitioner. CW-4 is the eye witness and he has stated regarding the incident. The petitioner has stabbed the deceased and caused his death. Therefore, the petitioner cannot be granted bail.

I have carefully considered the submissions made by the learned counsel for the parties.

It is relevant to note, it is alleged that on 29.8.2013 at about 4.40 a.m. when the complainant came out of his house for morning walk, he noticed a dead body in front of his house. The deceased had sustained injuries on his neck, chest and other parts of the body. On enquiry, the complainant came to know that the deceased was one Harish @ Arul of Marenahalli village. After investigation, charge sheet has been filed against the petitioner and accused No. 2. Accused No. 2 has been granted bail. CW-4 Mohan is the eye witness. He has stated that on 28.8.13 at about 12.45 p.m. while going to his house, he saw deceased Arunkumar and stopped his vehicle. At that time, the petitioner and accused No. 2 came there. Accused No. 2 gave knife to the petitioner. The petitioner stabbed the deceased Arunkumar. Arunkumar started running. The accused chased him. Out of fear, CW-4 went to his house. He has not informed the police or revealed about the incident to anybody. The petitioner is in custody since 1.9.2013.

The Hon''ble Supreme Court in State of Kerala Vs. Raneef, has held delay in trial is one of the factors for consideration while granting bail. Similar view is expressed in the decisions reported in 1993 (4) Kar.L.J. 184 and III(2009) CCR 165 (SC).

In the present case, the charge sheet has been filed long ago. The petitioner is in custody since 1.9.2013. No progress has been made in the case. In the circumstances of the case and having regard to the nature of the material on record, the petitioner can be granted bail subject to certain conditions.

Accordingly, the criminal petition is allowed and the petitioner is granted bail subject to the following conditions:

"1. The petitioner shall be released on bail on his executing a bond for a sum of Rs. 1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court in S.C. No. 23/2014 on the file of the Fast Track-I, Bengaluru.

The petitioner shall not tamper with the witnesses or evidence.

The petitioner shall appear before the court regularly without fail."

If any condition is violated, the State can move for cancellation of bail.