CRL.P/12766/2023 of SRI R ASHOK Vs STATE OF KARNATAKA on 28 December 2023

ORDER

The petitioner / accused No.3 in S.C.No.1441/2023 i.e., in Crime No.120/2023 dated 27.05.2023, registered by Mahalakshmipuram Police Station for offences punishable under Sections 302, 397, 120B read with Section 34 of IPC, is before this Court under Section 439 Cr.P.C., for grant of regular bail.

2. The brief facts of the prosecution case are that on 27.05.2023 at about 7.15. p.m., the neighbor of the mother of the complainant telephoned him and informed that his mother was murdered and her hands were tied, and the cloth was inserted in the mouth, she was unconscious and in a suspicious manner, some unknown persons killed her, accordingly the complainant and his sister rushed to the spot and saw that some unknown persons robbed 30-40 grams gold chain and one pair gold bangles from the deceased. It is further stated in the complaint that the deceased was residing alone in her house. Accordingly, the complainant lodged complaint against unknown persons in Crime No.120/2023.

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3. During the course of investigation, the respondent Police arrested this petitioner on 01.06.2023 and remanded to Judicial Custody. Aggrieved by the same, the petitioner approached the learned Additional City Civil and Sessions Judge, Bengaluru for grant of regular bail in Crl.Misc.No.9929/2023 and the same has been dismissed by the order dated 08.11.2023. Hence, this petition.

4. Heard the learned counsel for the petitioner, so also the learned HCGP for the respondent - State.

5. Learned counsel for the petitioner would vehemently contend that entire charge sheet materials there is no overt act attributed against this petitioner. At the time of the incident this petitioner was not there in the spot. So also, there is no recovery made at the instance of this petitioner. Hence, there is no prima facie case made out against this petitioner, he may be enlarged on bail.

6. Per contra, the learned HCGP opposes the bail application on the ground that the offences alleged against the petitioner is heinous in nature and this petitioner along with accused Nos.1 and 2, conspired to commit the murder of the deceased and thereby to robbed the jewels. In such circumstances, the accused does not deserve to the relief claimed.

7. Having heard the learned counsel for the petitioner so also the learned HCGP and on perusal of the record, it could be seen from the records that, the initial the complaint was lodged against unknown persons and subsequently, during the course of investigation, accused Nos.1 and 2 were arrested initially and subsequently, as per the voluntary statement, this petitioner was also arrested.

8. On careful perusal of the accusation made in the charge sheet against this petitioner, which depicts that at the time of incident, this petitioner was not present in the alleged scene of occurrence. Accused Nos.1 and 2 have entered the house of the deceased and committed the murder of the deceased and thereafter, robbed the jewels. As rightly contended by the learned counsel, there is no recovery made at the instance of this petitioner. Admittedly, the investigation is completed and the charge sheet has been filed. This petitioner is in judicial custody from 01.06.2023. Under such circumstances, I am of the view that further incarceration of the petitioner is not required in this case.

Therefore, the petition deserves to be allowed and accordingly, the petition filed under Section 439 of Cr.P.C., is hereby allowed. The petitioner is directed to be enlarged on bail in S.C.No.1441/2023 on the file of the LXIX Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.120/2023 of Mahalakshmipuram Police, Bengaluru registered for the offences punishable under Sections 302, 397, 120B read with Section 34 of IPC, subject to the following conditions:

1. 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; of Rs.1,00,000 (One lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

2. 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; dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; threaten or tamper with the prosecution witnesses;

4. The petitioner shall not involve in similar offences in future; offences in future;

5. 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 Trial Court without permission of the said Court until the case registered against him is disposed off.

Sd/- JUDGE

KG List No.: 1 Sl No.: 29