Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200558 OF 2024 (439) BETWEEN: SAMEER SOHAIL S/O NABISAB AGE: 23 YEARS OCC: STUDENT R/O. KADDONI VILLAGE NOW R/AT. H.NO.26/17, JATTI LANE HUTTI CAMP, TQ: LINGASUGUR, DIST: RAICHUR-584 115. …PETITIONER (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: Digitally signed by THE STATE OF KARNATAKA SHILPA R TENIHALLI THROUGH S H O, Location: HUTTI POLICE STATION HIGH COURT OF DIST RAICHUR-584115 KARNATAKA R/BY ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH-585 107. …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN C.C. NO.119/2024 (HUTTI P.S. CRIME NO.207/2023), RAICHUR DISTRICT, FOR THE OFFENCES PUNISHABLE -2- U/SEC.302, 201, 202 OF IPC PENDING ON THE FILE OF CIVIL JUDGE JMFC LINGASUGUR, DIST. RAICHUR IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Accused No.1 in Crime No.207/2023 registered by
Hutti Police Station, Raichur, for the offences punishable under Sections 302, 201 and 202 of IPC, pending on the file of Civil Judge and JMFC, Lingasugur, Raichur, is before this Court under 439 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.207/2023 was registered by Hutti
Police Station, Raichur against unknown persons initially for the offences punishable under Section 302 of IPC on the basis of the first information dated 29.10.2023 received from Sachin Pal, who is the son of deceased Manjula. During the course of investigation, petitioner was arrested on 13.11.2023. Investigating in the case is complete and charge sheet has been filed. Bail application
-3- filed by the petitioner before the Court of III Addl. District and Sessions Judge, Raichur, sitting at Sindhanur, in Crl.Misc.No.5126/2014 was rejected on 03.05.2024. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that the entire case of prosecution is based on circumstantial
evidence. Initially UDR case was registered and subsequently, FIR in the present case was registered against unknown persons. Except the alleged recovery, there is no other material to connect the petitioner to the crime. He submits that petitioner is a student and he has no criminal antecedents. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP has opposed the petition. He submits that petitioner was a friend of the first
informant and he was closely acquainted with the deceased. The gold jewelry and cash which was missing from the house of the deceased has been recovered at the instance of accused No.1 from the house of CW 23, who is -4- the maternal uncle of the petitioner. He, accordingly, prays to dismiss the petition.
6. The material on record would go to show that after
the dead body of deceased Manjula was found, the same was reported by her brother Anil Kumara to Hatti Police Station. On the basis of the report dated 26.10.2023 received from Anil Kumara, wherein it is stated that his sister Manjula had died by committing suicide, UDR case No.20/2023 was registered. Subsequently, first informant having found that the gold jewelry and cash which was in the house of Manjula were missing, he suspected foul play in the death of his mother and therefore, on 29.10.2023, he had approached the police and based on his complaint, FIR in Crime No.207/2023 was registered against unknown persons.
7. During the course of investigation, petitioner was
arrested on 13.11.2023. The allegation against the petitioner in the charge sheet is that he was acquainted with the deceased and he used to speak to her over phone -5-
regularly. This was objected to by her son, who is the first informant in the case. On 26.10.2023, petitioner allegedly had asked the deceased to come near Ten Shed at G. R. Colony, Block No.40 at about 02.00 a.m. Manjula allegedly came to the said spot along with her gold jewelry and cash. Subsequently, it is alleged that petitioner fought with Manjula on the ground that she was not speaking to him over phone and assaulted her with a stone on her head and after she fell down, he poured petrol on her and burnt her body and thereafter left the spot along with gold jewelry and cash which she had brought. The said gold jewelry and cash is said to have been recovered from the house of CW-23. The entire case of the prosecution is based on circumstantial evidence. Except the alleged recovery, there is no other strong material to connect the petitioner to the crime. Investigation in the case is complete and charge sheet has been filed. Petitioner is said to be a student and undisputedly, he has no criminal antecedents. Under the circumstances, I am of the opinion
-6- that the petitioner has made out a case for grant of regular bail. Accordingly, the following order:-
8. The petition is allowed. The petitioner is directed to
be enlarged on bail in Crime No.207/2023 registered by Hutti Police Station, Raichur, for the offences punishable under Sections 302, 201 and 202 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; -7- e) 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. Sd/- JUDGE DN List No.: 1 Sl No.: 15