CRL.P/13773/2023 of SRI MOHAN (A2) Vs THE STATE OF KARNATAKA on 28 December 2023

ORDER

Accused Nos.2 and 3 in Crime No.414/2023 registered by Kolar Rural Police Station, Kolar, for the offences punishable under Sections 302, 201, 120B r/w 34 of IPC, are before this Court under Section 439 of Cr.P.C.

2. Heard the learned counsel for the parties.

3. On the basis of the Report dated 26.08.2023 submitted by Narayanaswamy K, Police Sub-Inspector attached to Kolar Rural Police Station, Kolar, the Station House Officer of Kolar Rural Police Station, Kolar, had registered FIR in Crime No.414/2023 for the offences under Section 302, 201 and 34 of IPC against Venkatesh Gowda and three others. Petitioners are arraigned as accused Nos.2 and 3 in the FIR. In the Report, it is averred that the daughter of accused No.1 Ramya, aged about 19 years, had died under suspicious circumstances on 25.08.2023 and her family members had buried the dead body in a hurried manner. On receipt of such information, UDR No.48/2023 was registered as provided under Section 174(3) of Cr.P.C. and during the course of investigation in the said case, accused No.1 had confessed that on the night of 25.08.2023 at about 02.30 a.m., his daughter Ramya was found talking over her mobile phone and when accused No.1 informed her that he will get her married, she started quarrelling with him. Accused No.1, who got enraged allegedly assaulted her with his hands and when she fell down, he pressed her neck with his left leg and as a result, she died. Thereafter, he informed about the incident to accused Nos.2 to 4, who are his close relatives and with their help, he had buried the dead body of his daughter in their property.

4. Based on the said report, FIR in Crime No.414/2023 was registered by Kolar Rural Police Station, Kolar, against Venkatesh Gowda and three others. Petitioners herein are arraigned as accused Nos.2 and 3 in the FIR, so also the subsequent chargesheet which was filed invoking Sections 302, 201, 120B r/w 34. The petitioners have filed Crl.Misc.No.751/2023, which was NC: 2023:KHC:47062CRL.P No. 13773 of 2023

rejected on 12.09.2023. Therefore, they are before this Court.

5. Learned counsel for the petitioners having reiterated the grounds urged in the petition prays to allow the petition.

6. Per contra, learned HCGP has opposed the bail petition.

7. The allegations against the petitioners, who are the brothers of accused No.1, is that they along with accused No.4 have helped accused No.1 to shift the dead body of Ramya and bury the same in their property. Considering the allegations against the petitioners, the only offence that would get attracted against them is under Section 201 of IPC. Considering the nature of allegations as against accused No.1, who allegedly had assaulted his daughter in a fit of rage, a doubt would arise as to whether he had any intention to murder his daughter. Petitioners have no criminal antecedents. Further, this Court has granted anticipatory bail to accused No.4 in Crl.P.No.11192/2023. Therefore, these petitioners are also entitled for grant of bail on parity.

8. In such circumstances, without expressing any opinion on the merits of the case, I am of the considered view that the petitioners may be released on bail. Accordingly, I pass the following:

ORDER

i.The petition is allowed.

ii.The petitioners are enlarged on bail in Crime.No.414/2023 pending on the file of Kolar Rural Police Station, which is pending on the file of I Additional Civil Judge (Sr.Dn) and C.J.M. Court, Kolar, subject to following conditions: Crime.No.414/2023 pending on the file of Kolar Rural Police Station, which is pending on the file of I Additional Civil Judge (Sr.Dn) and C.J.M. Court, Kolar, subject to following conditions:

1) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; a sum of Rs.1,00,000/- (one lakh) each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court;

2) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

3) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; threaten or tamper with the prosecution witnesses;

4) The petitioners shall not involve in similar offences in future; offences in future;

5) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. the Trial Court without permission of the said Court until the case registered against them is disposed off.

Sd/- JUDGE