Shivaputrappa and Others vs State of Karnataka

Rathnakala, J.—The petitioners - accused Nos. 1 and 2 in Crl. P. No. 101824/2014 and the petitioners - accused Nos. 3 and 4 in Crl. P. No. 100004/2015 are charge sheeted in Tavaragera P.S. Crime No. 72/2014 FIR (SC/ST) No. 755/2014 numbered as S.C.(A.C) No. 43/2014 for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 and Section 3(2)(v) and (vi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The case of the prosecution is, accused Nos. 1 and 2 suspected that the deceased Hanamagouda was responsible for their sister eloping with a person: to wreck their vengeance, accused No. 3 abetted them. They have procured the deceased to a dilapidated house at Mudagal village on 31.07.2014 and three of them have done him to death by assaulting with a chopper. Thereafter they have buried the dead body, again exhumed the body, burnt the same and disposed of the bones in Koodalasangama river. The accused Nos. 1 and 2 confessed their guilt with accused No. 4....etc.

Sri S.S. Yadrami, learned counsel for the petitioner submits that firstly a missing complaint was lodged in respect of disappearance of Hanamagouda. After a delay of 16 days, second complaint was filed naming the petitioners. There is no incriminating material which can link these petitioners to the alleged offence. There are no eye-witnesses to the incident. The so-called recovery of sim card and mobile from the possession of accused Nos. 1 and 2 is of no consequence. The Investigation Officer, on the basis of surmises and conjectures, has brought these petitioners to book. They hail from respectable family and are not criminals. Petitioners in Crl.P. No. 101824/2014 are in custody from 17.08.2014 and petitioners in Crl.P. No. 100004/2015 are in custody from 21.08.2014. Since the charge sheet is filed, they may be enlarged on bail.

Sri K.S. Patil, learned High Court Government Pleader opposes the petition.

The District and Sessions Judge, Koppal, has sent a statement of the said witness recorded under Section 164 of Cr.P.C. in a sealed cover. The cover is opened and the statement is perused.

For disposal of the petition, I take note of the fact that the case of prosecution rests entirely on the extra judicial confession made by accused Nos. 1 and 2 with one Siddalingayya Hiremath whose statement under Section 164 of Cr.P.C. is recorded by the jurisdictional Magistrate. However, this statement of the witness has to pass through the test of cross-examination during the trial. It is also worth to note that in the charge sheet the name of this witness is not mentioned and without passing any remarks on the merits of the case, I am of the considered opinion that having regard to the background of these petitioners, there is no impediment to enlarge them on bail. Accordingly, petitions are allowed, subject to following conditions:

"i) Petitioners are enlarged on bail in Tavaragera P.S. Crime No. 72/2014 FIR (SC/ST) No. 755/2014 numbered as S.C.(A.C) No. 43/2014, on each of them executing self bond for Rs. 2,00,000/- with two sureties for the likesum to the satisfaction of the concerned Court.

ii) They shall not tamper with the prosecution witnesses.

iii) They shall attend the Court regularly and punctually."

Registry is directed to return the statement of Siddalingayya Hiremath to the District and Sessions Court, Koppal, forthwith.