Surya Kumar @ Suri vs State By Nazarbad Police Mysuru District, Rep By Its Public Prosecutor, High Court Of Karnataka, Bengaluru-560001

S Vishwajith Shetty, J

Accused No.2 in S.C.No.182/2023 pending before the Court of V Additional District and Sessions Judge, Mysuru arising out of Crime No.13/2023 registered by Nazarbad Police Station, Mysuru City for the offences punishable under Sections 302, 301 read with Section 34 of IPC is before this Court under Section 439 of Cr.P.C., seeking regular bail.

Heard the learned counsel for the parties.

On the complaint of Ragavendra S., dated 15.02.2023, FIR in Crime No.13/2023 was registered by Nazarbad Police, Mysuru City against unknown persons for offence under Section 302 of IPC. The complainant, on 15.02.2023 at about 7:45 a.m., had found a dead body of a male aged about 25-30 years lying on the road side and he found that the dead body had injuries on its head and therefore, he had approached the Police and lodged the complaint, which had resulted in registering FIR in Crime No.13/2023. During the course of investigation, the petitioner was arrested on 17.02.2023. Investigation in the case is completed and charge sheet has been filed. The bail application filed by the petitioner before the V Additional Sessions Judge, Mysuru Court in S.C.No.182/2023 was rejected on 09.08.2023. It is under these circumstances, the petitioner is before this Court.

Learned counsel appearing for the petitioner reiterated the grounds urged in the petition and submits that the entire case of the prosecution is based on the circumstantial evidence. The petitioner has no criminal antecedents and he is in custody since 17.02.2023. Accordingly, prays to allow the petition.

Per contra, learned HCGP has opposed the bail application and prays to dismiss the petition.

The material on record would go to show that initially FIR was registered in Crime No.13/2023 against unknown persons after the complainant had reported to the Police about a dead body of a male person aged about 25-30 years lying on the road side. During the course of investigation, the petitioner was arrested on 17.02.2023. Investigation in the case is completed and the charge sheet has been filed. As per the charge sheet allegations, accused No.1 had broken a mobile phone, which belong to the friend of deceased Nitin. In this regard, when Nitin had enquired with accused No.1, they had fought with each other and Nitin allegedly had spoken ill about the mother of accused No.1, therefore, accused No.1 had a grudge against him. On 14.02.2023, accused Nos.1 and 2 and deceased Nitin had consumed alcohol at Shivasagar Bar and Restaurant and at about 9:15 p.m., they had gone towards Chamundi hills and had purchased cigarette from the road side shop and were smoking cigarettes near a mud road, at that time accused No.1- Bharat and deceased once again fought against each other and when Nitin tries to escape from the spot, accused No.1 caught hold of his legs and accused No.2 allegedly assaulted the head of Nitin with a stone. Thereafter, accused No.1 also assaulted Nitin with the said stone on his head and had murdered him. The entire case of the prosecution is based on the circumstantial evidence. Except the last seen circumstances, there is no other strong evidence to connect the accused persons to the crime at this stage. Investigation in the case is completed and the charge sheet has been filed. The petitioner who has no criminal antecedents is in custody since 17.02.2023. Under the circumstances, I am of the view that the petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following:

ORDER

Criminal petition is allowed. The petitioner-accused No.2 is directed to be enlarged on bail in S.C.No.182/2023 pending before the Court of V Additional District and Sessions Judge, Mysuru arising out of Crime No.13/2023 of Nazarbad Police, Mysuru City registered for the offences punishable under Sections 302 and 301 read with Section 34 of IPC, subject to the following conditions:

Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

The petitioner shall not involve in similar offences in future;

The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.