DATED THIS THE 20th DAY OF MARCH 2015 BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA CRIMINAL PETITION No.959/2015 BETWEEN: 1. NANJUNDAPPA, S/O. YALAPPA, AGED ABOUT 46 YEARS, 2. SMT. RENUKAMMA, W/O. NANJUNDAPPA, AGED ABOUT 40 YEARS, PETITIONERS 1 AND 2 ARE RESIDENTS OF DODDANAHALLI VILLAGE, HUTHUR HOBLI, PRESENTLY RESIDING AT VIJAYANAGARA, HAROHALLI THOTAGALU, KOLAR TALUK, KOLAR-576109. ...PETITIONERS (BY SRI. A.H. BHAGWAN, ADV.) AND: STATE OF KARNATAKA BY KOLAR RURAL POLICE, REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS, BANGALORE-560 001. ... RESPONDENT (BY SRI. B.J. ESHWARAPPA, HCGP) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.336/2014 OF KOLAR RURAL POLICE STATION, KOLAR DIST., FOR THE OFFENCES P/U/S.302, 201 R/W 34 OF IPC. THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:ORDER Heard the learned counsel for the petitioners and the learned Government Pleader for the respondent Police. Perused the records.
2.
The petitioners are accused nos.1 and 2 in
Crime No.336/2014 on the file of Kolar Rural Police
Station, Kolar District. Offences alleged against both the petitioners are punishable under Sections 302, 201 read
with Section 34 of IPC. Deceased Ramesh was the
husband of CW-1 Nagarathna. He was working as driver under CW-9. One person by name Arun son of these petitioners was working under CW-9. There was some complaint against him and therefore CW-9 removed Arun from the job and entrusted the said work to deceased Ramesh husband of CW-1. This was not to the liking of the petitioners. In this regard, the petitioners picked up a quarrel with Ramesh at about 12.00 p.m. on 12.06.2014 near the house which was under construction. After picking up the quarrel, the 1st petitioner is stated to have assaulted Ramesh on his head with a stone and murdered him. Later on, Petitioner No.1 and his wife Renukamma dragged the dead body and dumped the same into the water sump of the new house which was being constructed by Nijesh @ Chandrappa. This incident of murder, according to the police, was witnessed by CW-5 Ravi and CW-6 Raghavendra.
3.
The
learned
Government
pleader
has
vehemently opposed the bail application on the ground
that prima facie case is forthcoming in regard to the involvement of these petitioners in the murder of Ramesh. The events that took place on the night of 12th June 2014 leading to the death of the deceased are forthcoming from the statement of CW-5 Ravi and CW-6 Raghavendra who were the eye witnesses to the incident in question. It is evident that their statements were recorded by the police 5 days after the alleged incident. This delay could be taken into consideration to the limited extent for considering the bail application. It is a very moot point at this stage as to why Ravi did not intimate police or the wife of the deceased at the earliest? It is also moot point as to why Guruprasad to whom Ravi intimated about the incident did not disclose the same to the members of the family of deceased Ramesh or police.
4.
Even when the post mortem conducted by
the police and the statement of the son of the deceased
would go to show that he had not known exact assailant or murderer. Taking all these into consideration, bail application will have to be allowed. Even otherwise, the petitioners are permanent residents of Village in Kolur Town, having roots in the community. They have undertaken to obey any conditions that may be imposed on them. Entire investigation has been completed, charge sheet has been filed. Thus, the apprehension of the learned Government Pleader, who has opposed the bail application, could be suitably met with by imposing proper conditions. Hence, the petition is to be allowed.
5.
Thus, the petitioners are entitled to be
released on bail. Hence the following:
ORDER (i)
Petitioners shall be released on bail on
their executing a personal bond for a sum of Rs.1,00,000/- each with one
surety,
for
the
likesum
to
the
satisfaction of the concerned Court.
(ii)
They shall not tamper or attempt to
tamper any of the prosecution witnesses and lure them in any manner.
(iii)
They shall not hold out threats to the
prosecution witnesses.
(iv)
They shall not involve in any of the
criminal activities.
(v)
The
1st
petitioner
shall
attend
the
respondent - police station once in a
month on every second Sunday between 9 a.m. & 5 p.m., without fail, from the date of his release till the examination of material witnesses by the Concerned Court whichever is earlier. (vi)
It is made clear that for any reason,
violation of any of the above conditions, would enable the prosecution to seek cancellation of bail.