T. Kallesh vs State of Karnataka

Budihal. R.B, J.—This petition is filed by petitioners-accused Nos. 3 and 4 u/s 439 of Cr. P.C. seeking their release on bail of the alleged offences punishable under Sections 302, 392, 201 r/w Section 34 of IPC registered in respondent-police station Crime No. 283/2013.

Heard the arguments of the learned counsel for the petitioners-accused Nos. 3 and 4 and also the learned Government Pleader for the respondent-State.

I have perused the averments made in the bail petition, FIR, complaint, order passed by the lower Court on the bail application and also the other materials placed on record by the petitioners.

As per the prosecution case, one Madhu, S/o Ramaiah had filed a complaint stating that his mother Smt. Thimmamma left the village on 22.8.2013 at 12.00 noon stating that she is going to Malur hospital for treatment and since then she had not returned home. On the basis of the said complaint, at the first instance, missing complaint was registered in Crime No. 283/2013. But subsequently, during the course of investigation, again the police recorded the statement of the complainant and he raised the suspicion against accused Nos. 1 and 2 in the death of his mother. Then the police arrested accused Nos. 1 and 2 and at the instance of accused No. 2 who was said to be the driver of Maruthi Omni car, seized the Maruthi Omni car and also a two wheeler vehicle, so also, at the instance of accused No. 1 police have seized a pair of ear studs, which are said to be belonging to the deceased.

It is the submission of the learned counsel for the petitioners that on 19.9.2013 on the basis of the statement made by co-accused Nos. 1 and 2, the petitioners have been arrested by the police. But looking to the materials on record and also the material collected by the prosecution during the course of investigation nothing has been seized at the instance of present petitioners. There are no direct eyewitnesses to the alleged incident and the prosecution case rests on circumstantial evidence. The Doctor who conducted autopsy over the dead body of the deceased has opined that he cannot give the opinion as to the cause of death and kept pending and viscera was collected and sent to FSL for examination and report. Learned counsel for the petitioners submitted that though the investigation has been completed and charge sheet has been filed in the matter, the FSL report is not yet received. Therefore, till today there is no opinion as to the cause of the death of the deceased. Learned counsel for the petitioner has produced the copy of the order dated 6.1.2014 passed in Crl. P. No. 6724/2013 wherein Accused No. 2 has been already granted bail by this Court.

Looking to the materials collected during investigation and as I have already observed above, to show the overt act of the present petitioners, the prosecution has not placed prima facie material. As the investigation is already completed and charge sheet has been filed, I am of the opinion that to secure their presence during the course of trial before the trial Court, stringent conditions can be imposed and petitioners-accused Nos. 3 and 4 can be admitted to bail.

Accordingly, petition is allowed. Petitioners are ordered to be released on bail of the offences punishable under Sections 302, 392, 201 r/w Section 34 of IPC registered in respondent-police station Crime No. 283/2013, subject to following conditions:-

(i) Each petitioner shall execute a bond for a sum of Rs. 1,00,000/- and furnish one solvent surety for the like sum to the satisfaction of concerned Court.

(ii) They shall not intimidate or tamper with prosecution witnesses directly or indirectly.

(iii) They shall appear before the concerned Court regularly.