CRL.P.No.100914/2018
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 27TH DAY OF JUNE, 2018
BEFORE
THE HON’BLE DR.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.100914/2018
BETWEEN:
1. MAHAVEER S/O BHARMAPPA BANAJWAD,
AGE:31 YEARS, OCC. AGRICULTURE,
R/O TERDAL, TQ. JAMAKHANDI,
DIST. BAGALKOT.
2. SHRIMANT S/O BUJABALI BANAJWAD,
AGE:60 YEARS, OCC. AGRICUALTURE,
R/O TERDAL, TQ. JAMAKHANDI,
DIST. BAGALKOT.
3. SHALAWWA W/O SHRIMANT BANAJWAD,
AGE:35 YEARS, OCC. AGRICUALTURE,
R/O TERDAL, TQ. JAMAKHANDI,
DIST. BAGALKOT.
… PETITIONERS
(BY SRI.V.M.SHEELVANT, ADVOCATE)
AND
THE STATE OF KARNATAKA
PSI, TERADAL POLICE STATION,
RPTD BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD.
… RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONERS/ACCUSED
NO.3, 4, 5 ON BAIL IN TERDAL POLICE STATION CRIME NO.1/2018
PENDING ON THE FILE OF JMFC COURT, BANHATTI, BAGALKOT
DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTION
143, 147, 498A, 302, 201 R/W 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners/accused No.3, 4 and 5 have filed this
petition under Section 439 of the Code of Criminal
Procedure (henceforth for brevity referred to as “Cr.P.C.”)
seeking grant of regular bail in Crime No.1/2018 of the
respondent Police Station for the offences punishable
under Section 143, 147, 498A, 302, 201 read with Section
149 of the Indian Penal Code (henceforth for brevity
referred to as “IPC”).
2. The summary of the case of the prosecution as
could be gathered from the charge sheet is that, one Smt.
Anita, wife of accused No.1-Sri. Bharatesh was murdered
on the night of 06.01.2018 by her husband-Bharatesh
(accused No.1) joined by accused No.2. The accused Nos.3,
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4 and 5 who are the present petitioners are said to have
joined by those accused Nos.1 and 2 in concealing the fact
of murder of Smt. Anita and publicize her death as a
natural death, cremated the body. Arraying five accused in
the charge sheet, the complainant police accuses them of
the offence punishable under Sections 143, 147, 498A,
302, 201 read with Section 149 of IPC.
3. Learned counsel for the petitioners in his
argument submitted that, even according to the charge
sheet, accusation made against the present petitioners,
who are the accused Nos.3, 4 and 5 is only on alleged
concealment of the evidence. The truthfulness of the said
allegation is required to be considered in a detailed trial.
4. Learned High Court Government Pleader in his
argument submitted that, there are materials collected by
the Investigating Officer to show that, the present
petitioners have taken active role in destroying the
evidence pertaining to the crime. The charge sheet papers
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produced at this stage, by prima facie look, go to show that
the main allegation of alleged murder of Smt. Anita on the
night of 06.01.2018 is only leveled against the accused
Nos.1 and 2, who are said to be the husband and
mother-in-law of the deceased, respectively. Even though
the present petitioners who are accused Nos.3, 4 and 5 are
said to be the other close relatives of the deceased
including the members of the family of the deceased, still
the accusation leveled against them is about concealing the
alleged act of murder of Smt. Anita and depicting her death
as natural one, the truthfulness in the said allegation
whether the present petitioners/accused had the
knowledge of the real nature of the death of deceased
Smt.Anita is a matter of trial, which may follow in the
matter. As such, at the present stage, from cursory look at
the charge sheet, no direct allegation about the
involvement of the present petitioners in the actual
commission of the murder of deceased Smt. Anita is made
against the present petitioners. Therefore, in the
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circumstances of the case and considering the nature of
allegation leveled against petitioners/accused Nos. 3, 4 and
5, I am of the view that by imposing reasonable conditions,
the present petitioners/accused Nos.3, 4 and 5 be enlarged
on bail. Accordingly, I proceed pass the following :
ORDER
(i) The petition is allowed.
(ii) The petitioners/accused Nos.3, 4 and 5 are
enlarged on bail in Cr.No.1/2018 of the
respondent – Police Station for the offences
punishable under Sections 143, 147, 498A, 302,
201 read with Section 149 of IPC. However,
subject to condition that the petitioners/accused
Nos.3, 4 and 5 shall execute a personal bond for a
sum of `50,000/-(Rupees fifty thousand only)
each, with two sureties each for the likesum to
the satisfaction of the enlarging Court.
(iii) No single surety can extend his suretyship to
more than two accused.
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(iv) Petitioners/accused Nos.3, 4 and 5 shall not
hamper or tamper the prosecution witnesses in
any manner.
(v) They shall appear before the Court on all the
dates of hearing.
Sd/-
JUDGE
yan
