Swamy @ Guruswamy vs State of Karnataka

A.S. Pachhapure, J.—It is on 19.12.2010 in the night, there was a quarrel between the neighbors of the family of Dinesh and Prasanna, in which Dinesh had sustained injuries. The complainant''s brother i.e., the deceased-Shiva took the injured Dinesh to the hospital for the purpose of treatment. It is in these context that the family members of Prasanna [accused. No 3] were annoyed due to the support given by Shiva, the brother of the complainant to Dinesh. On. 22.12.2010 at 6.30 a.m. the brother of the complainant i.e., the deceased-Shiva, had taken the children to the school and returned in the evening and stopped his vehicle in front of the house of the complainant. On the same day in the morning at about 7.30 a.m., when the complainant was washing his face, some persons came and informed that near Idga playground, a person has been assaulted and his body has fallen and the vehicle Omni van bearing reg. No. KA-03 A 9389 was parked by the side of the road and the glasses were broken. On hearing the same, the complainant came to the spot and found that the deceased-Shiva had sustained injuries on his neck and other parts of the body and he was in the pool of blood. He succumbed to the injuries on the spot. His brother filed a complaint against unknown persons. During the course of investigation, it is revealed that accused Nos. 1 to 3 in conspiracy with accused Nos 4 to 8 had caused the death of deceased-Shiva.

It is the contention of the Petitioner that he is innocent and has not committed any crime much less the one alleged. He is ready and willing to abide by any condition/s that may be imposed for his release on bail.

the Petitioner also submits that the allegations against him and accused Nos. 5 to 8 are as conspirators and not the person who actually caused the assault on the deceased, who are accused Nos. 1 to 3. In the circumstances, he has sought for grant of anticipatory bail.

I have heard the learned Counsel for the Petitioner and also the learned High Court Government Pleader.

The perusal of the records reveal that accused Nos. 1 to 3 are main accused, who actually caused the assault on the deceased. It is in the course of the investigation and while recording their voluntary statements the name of the Petitioner and accused Nos. 5 to 8 were revealed. Furthermore, it is stated that accused Nos. 1 to 3 were conspiring with accused Nos. 4 to 8 to prepare plan to commit the murder. Anyhow, the perusal of the material placed on record reveal that the Petitioner has not taken any part in the crime.

Though the learned High Court Government Pleader contends that the presence of the Petitioner is necessary for the purpose of investigation, as he has participated in the conspiracy to commit the crime, certain conditions can be imposed to see that the Petitioner is made available to the Police.

So, taking into consideration the nature of the incident, the part attributed against the Petitioner, at this stage, it cannot be said that the conspiracy is prima facie proved. It is a matter for consideration during the trial. Hence, I am of the opinion that the Petitioner is entitled to the anticipatory bail sought for.

In the result, the petition is allowed. The Petitioner is ordered to be released on bail in the event of his arrest in Crime No. 471/10 registered for the offence punishable u/s 302 r/w. 34 IPC by the HAL Police, Bangalore, on his executing a personal bond for a sum of Rs. 50,000-00 with one-solvent surety for the like sum to the satisfaction of the Arresting Authority with the further following conditions:

1) The Petitioner shall appear before the Police concerned, within 10 days from today.

2) He shall be made available for interrogation by a police officer as and when he is required.

3) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case sc as to dissuade him from disclosing such facts to the Court or to any police officer.

4) He shall attend the Court as and when directed.

5) He shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m. till the charge sheet is filed.