M.V.Anil Kumar, Son of Venkatesh Vs. State by Saligrama Police, K.R.Nagar - Court Judgment

Excerpt:
[k.n.keshavanarayana, j.] this criminal petition is filed under section 439 cr.p.c. by the advocate for the petitioner praying to release the petitioner on bail in c.c.no. 13/2012 pending on the file of the civil judge (jr.dn) and j mfc. k.r.nagara of saligrama police station, for the offences punishable under sections 376. 302 and 201 of ipc.1. a girl by name kushi aged about 71/2 years, daughter of m.s. manjunath, resident of mirle village in k.r. nagar taluk of mysore district, was found missing from her house from 30.04.2011. on 01.05.2011. her father sri. m.s. manjunath filed a report to that effect in saligrama police station expressing his suspicion on one sachin and ramu. on the basis of the said report, case in crime no.55/2011 for the offence punishable under section 363 of ipc came to be registered. however, the police were not able to trace the missing girl. on i8.08.2011, smt. reena, mother of the missing girl lodged another report, wherein she expressed suspicion towards three persons including this petitioner. she expressed her apprehension that her daughter has been kidnapped by those persons. thereafter, on 13.10.2011, on suspicion this petitioner was apprehended and thereafter, he said to have made voluntary statement confessing that, on 30.04.2011 while the girl kushi was playing in front of the house in mirle he lured her by offering coconut and took her near the sugarcane field, where, he committed acts of rape and killed her and thereafter, to destroy thf1 evidence, threw the dead body into the sugarcane field and after few days, he threw the bones in the canal. on the basis of such voluntary disclosures, the petitioner was arraigned as accused in the case and subsequently at the instance of this petitioner, a pair of gold ear-rings, a pair of silver anklets and a frock said to belong to the deceased were recovered and certain bones recovered from the sugarcane field were subjected the forensic examination. when the petitioner was produced before the learned magistrate, he was remanded to judicial custody- his application filed before the learned sessions judge for bail came to be rejected, therefore, he is before this court. in the meanwhile, on completion of investigation, the investigating officer has filed the charge sheet against this petitioner for the offences punishable under sections 363, 376, 302, 201 and 404 of ipc.2) it is the contention of the petitioner that he is innocent and he has not committed any of the acts alleged and at this stage, there are no reasonable grounds to believe that he is guilty of any of the offences alleged, as such, he is entitled to the relief of bail.3) the petition is opposed by the respondent- state.4) i have heard both sides and perused the records made available.5) as noticed supra, there are no direct evidence to the incident alleged and therefore, the ease of the prosecution rests on circumstantial evidence. even according to the case of the prosecution, corpus delicate was not traced. only few bones said to have been recovered from the sugarcane field, where the dead body alleged to have been thrown were recovered. though according to the prosecution, the petitioner disclosed that he threw some of the bones into the canal, no bone was recovered from canal. a report available in the case file, at this stage, would only indicate that the bones subjected for examination were of human origin of a person aged between 6 to 10 years. the report is not specific as to whether those bones relate to a female. the only circumstance pitted against this petitioner is alleged recovery of a pair of gold ear-rings, a pair of silver anklets and a frock said to belong to the deceased.6) having regard to the facts and circumstances of the case, at this stage, i am of the considered opinion that there are no reasonable grounds to believe that the petitioner is guilty of any of the offences alleged. therefore, the petitioner is entitled to be enlarged on bail.7) in the result, the petition is allowed. petitioner is ordered to be enlarged on bail in c.c. no. 13/12 on the file of the civil judge (jr.dn.) and jmfc, k.r. nagara, on his executing personal bond tor a sum of 50,000/-(rupees fifty thousand only) with two sureties for the like- sum to the satisfaction of the jurisdictional magistrate/sessions judge and subject to further conditions that,i) he shall not tamper or terrorise the prosecution witnesses in any manner;ii) he shall appear before the jurisdictional court on all hearing dates without fail;iii) he shall not indulge in any acts similar to the one alleged against him;iv) he shall not leave the jurisdiction of the court of sessions without express permission thereon.v) he shall mark his attendance in saligrama police station on every 2nd saturday of the month between 10.00 am and 5.00 p.m., till the disposal of the case.