Shri Shivanand, Shri Shiddarudh and Shri Gurunath vs The State of Karnataka

Anand Byrareddy, J.—Heard the learned Counsel for the petitioners and the learned Additional State Public Prosecutor. The case of the prosecution is that, the complainant namely, the Traffic Controller of the Karnataka State Road Transport Corporation bus Depot, Mahalingapur, had noticed a dead body in the corner of the bus stand and immediately, lodged a complaint with the police. On the basis of further investigation, it was revealed that, the deceased was none other than the brother of petitioners No. 1 to 3.

It transpires that, the deceased was a habitual drunker and was in the habit of harassing and teasing the wives of petitioners No. 1 and 3. Though they had taken opposition at this behaviour of the deceased and had assaulted him earlier and there were constant quarrels in this regard, it transpires that, earlier there were witnesses, who had supported and pacified, when they were quarreling over such an incident. Further, it transpires that, on the previous night, before the discovery of the dead body, one Ganesh, who was running a milk parlour, had seen the petitioners chased the deceased and had assaulted him. Therefore, in view of the circumstantial evidence made out against the petitioners, the Court below has rejected their bail petition.

However, it is to be noticed that, if Ganesh saw the petitioners assaulting the deceased, it is not clear, as to how he has not reported the incident immediately and it is only later, that such an information has been gathered. Therefore, the case sought to be made out against the petitioners would have to be established at the trial. The petitioners have made out a case for enlargement on bail.

The petition is allowed. The petitioners shall be enlarged on bail on each of them furnishing a self bond for a sum of Rs. 30,000/- with solvent sureties for like sums, subject to the following conditions:

The petitioners shall not leave the jurisdiction of the trial Court without seeking leave of that Court.

The petitioners shall attend the Court on all dates of hearing.

The petitioners shall not influence or seek to threaten the prosecution witnesses in any manner