Ujjal Chowdhury @ Ujjal vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.1 in Crime No.369/2022 registered by Hosakote Police Station, for the offences punishable under Sections 201 and 302 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 15.10.2022, one Srinivasa S/o Late Pappanna had lodged the complaint before the Station House Officer, Hosakote Police Station, alleging that in the under construction building, which he was constructing, he had engaged the services of Purushotham for the purpose of plastering of the Wall and the said Purushotham allegedly had engaged the services of one Rajkumar from Bihar and also engaged the services of two other persons who are also from Bihar. On 15.10.2022, the complainant had gone near the under construction building and found that Rajkumar and other persons from Bihar were missing. He thereafter found a dead body was floating inside the water sump of the under construction building. On verification, it was found that the dead body was of Rajkumar who was working in the Site. The complainant suspected the hand of other workers who were from Bihar in the murder of Rajkumar and therefore, he approached the Police and lodged the complaint, which resulted in registering Crime No.369/2022 by Hosakote Police Station, for the offences punishable under Sections 201 and 302 read with Section 34 of IPC. During the course of investigation, the petitioner was arrested on 22.11.2022. Investigation is completed and charge sheet has been filed. The bail application filed by the petitioner before the Principal District & Sessions Judge, Bengaluru Rural District, Bengaluru, under Section 439 of Cr.P.C. in Crl.Misc.No.902/2023 was dismissed on 26.05.2023. It is under these circumstances, the petitioner is before this Court.

Learned counsel for the petitioner has reiterated the grounds urged in the petition and submits that the case of the prosecution is based on circumstantial evidence and there is no material to connect the petitioner to crime. As the investigation is completed, the custody of petitioner is no more required.

Per contra, learned High Court Government Pleader has opposed the bail application and submits that the petitioner is from West Bengal and if he is granted bail, he is likely to flee away from justice. He also submits that there are sufficient materials to connect the petitioner to crime and accused No.2 who is the companion of the petitioner is absconding.

The law in the present case was set in motion on the complaint of Srinivasa S/o Late Pappanna lodged on 15.10.2022 after having found the dead body of Rajkumar in the water sump of the under construction building. He suspected the hand of accused persons, who were also working with the deceased-Rajkumar. The petitioner has been arrested during the course of investigation on 22.11.2022. The investigation in the case is completed and charge sheet has been filed. The case of the prosecution is entirely based on circumstantial evidence.  The apprehension of the State can be taken care of by imposing stringent conditions on the petitioner.

Under these circumstances, I am of the view that the petitioner has made out prima-facie case for grant of bail.

Accordingly, following:

ORDER

Criminal petition is allowed. The petitioner-accused No.1 is directed to be enlarged on bail in Crime No.369/2022 of Hosakote Police Station, registered for the offences punishable under Sections 201 and 302 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 leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

The petitioner shall furnish his mobile number and also address proof of Bengaluru as well as of West Bengal State.

Petitioner shall not involve in similar case in future.