Shashikumar @ Shashi vs State Through Sanjayanagara Police Station Rep By Spp, High Court Complex, Bangalore - 560001 & Ors

M G Uma, J

The petitioner-sole accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.116/2024 of Sanjay Nagar Police Station, pending in S.C.No.1234/2024, on the file of the learned XLV Additional City Civil and Sessions Judge, Bengaluru (CCH-46), registered for the offences punishable under Sections 302, 201 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Suresh.

Heard Sri. Shankrappa S, learned counsel for the petitioner, Smt. K.P.Yashodha, learned High Court Government Pleader for the respondent No.1 and Sri. M.R. Nanjunda Gowda, learned counsel for respondent No.2. Perused the materials on record.

In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”

My answer to the above point is in ‘Affirmative’ for the following:

REASONS

The petitioner being the sole accused is seeking grant of bail. He was apprehended on 18.06.2024 and since then, he is in judicial custody. CW1 being the husband of the deceased lodged the first information against the accused, alleging commission of the offence as stated above. After investigation, the charge sheet came to be filed. The Investigating Officer has cited as many as 48 witnesses. Admittedly, there are no eye-witnesses to the incident. The prosecution alleges that there was motive to the accused to cause the death of the deceased as she was the daughter from the first wife of his father, whereas the accused is the son from the second wife. The prosecution relies on the circumstantial evidence that the mobile handset belonging to the deceased was found in the car of the accused and it is also the contention of the prosecution that, CW-1 had called the deceased on 01.06.2024 just before the time of incident and the deceased had informed him that she is with the accused. It is also stated that the mobile handset of the deceased and the accused were found in the same tower location immediately preceding the incident and they were found switched off in the same place at the same time. These are the circumstantial evidence relied on by the prosecution. It is not the contention of the prosecution that the petitioner is either having criminal antecedents or that he is required for further investigation. Therefore, detention of the petitioner in custody would amount to infringement to his right to life and liberty. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution.

Accordingly, I answer the above point in the affirmative and proceed to pass the following:

ORDER

The petition is allowed.

The petitioner is ordered to be enlarged on bail in Crime No.116/2024 of Sanjay Nagar Police Station, pending in S.C.No.1234/2024, on the file of the learned XLV Additional City Civil and Sessions Judge, Bengaluru (CCH-46), on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:

a). The petitioner shall not commit similar offences.

b). The petitioner shall not threaten or tamper with the prosecution witnesses.

c). The petitioner shall appear before the Court as and when required.

If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.

On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.