Agricultural Coolie, Residing at Kukkandoor Quarters, Jalsoor Village, Sullia, Dakshina Kannada-574 239

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 22 ND DAY OF JANUARY 2013

BEFORE

THE HON’BLE MR.JUSTICE K.N.KESHAVANARAYANA CRL.P.No.6703/2012 C/w CRL.P.Nos.6671/2012 AND 6726/2012

In Crl.P.No.6703/2012:

BETWEEN :

S.Mahaveer S/o. Subramanya, Aged about 37 years, Occ: Agricultural Coolie, Residing at Kukkandoor Quarters, Jalsoor Village, Sullia, Dakshina Kannada-574 239. ... Petitioner (Now in Judicial Custody)

[By Sri.R.B.Deshpande, Advocate]

AND :

The State of Karnataka, By CID Police, Bangalore for Sullia Police Station-574 239. … Respondent

[By Sri.Rajesh Rai.K., Government Pleader]

This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Crime No.53/2008 of Sullia Police Station, Dakshina Kannada, for the offences punishable under Sections 448, 323 and 302 read with Section 34 of IPC.

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In Crl.P.No.6671/2012:

BETWEEN :

S.Shivaraj S/o. Subramani, Aged about 37 years, Occ: Agricultural Coolie, C/o C-Coop Ivarnadu, Ivarnadu Village, Sullia, Dakshina Kannada-574 239. ... Petitioner

(Now in Judicial Custody)

[By Sri.R.B.Deshpande, Advocate]

AND :

The State of Karnataka, By CID Police, Bangalore for Sullia Police Station-574 239. … Respondent

[By Sri.Rajesh Rai.K., Government Pleader]

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In Crl.P.No.6726/2012:

BETWEEN :

Ravi Kiran S/o. Narayana Poojary, Aged 23 years, Residing at Paichar House, Jalsoor Village, Sullia Taluk, Dakshina Kannada District-574 239. ... Petitioner

[By Sri.Vishwanatha Poojary.K., Advocate]

AND :

The State of Karnataka, By Sullia Police, Now Represented by State Public Prosecutor, High Court of Karnataka, High Court Building, Bangalore-560 001. … Respondent

[By Sri.Rajesh Rai.K., Government Pleader]

This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in C.C.No.639/2012 on the file of the Additional Sessions Judge, Fast Track Court, Puttur, Dakshina Kannada, for the offences punishable under Sections 448, 323 and 302 read with Section 34 of IPC.

These Criminal Petitions coming for orders on this day, the Court made the following: -

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O R D E R

As in these three petitions filed under Section 439 of Cr.P.C., the respective petitioners arraigned as accused in C.C.No.639/12 on the file of the JMFC,

Sullya registered for the offences punishable under

Sections 448, 323 and 302 read with Section 34 of IPC, they were heard together and are being disposed of by this common order.

2. Petitioner in Crl.P.No.6671/2012 is arraigned as accused NO.3, Petitioner in Crl.P.No.6703/2012 is arraigned as accused NO.5 and petitioner in

Crl.P.No.6726/12 is arraigned as accused No.6.

3. According to the case of the prosecution, on the basis of the complaint lodged by CW.1-Smt.Vimala, maid servant working in the house of deceased Meera

Balakrishna Gowda, resident of Paleppadi Mane,

Aivarnadu village in Sullya Taluk between 11.00 a.m. and 12.00 noon on 2.3.2008, Sullya police registered the case in Crime No.53/12 for the aforesaid offences against three unknown persons. According to the

: 5 : complaint allegations, on 2.3.2008 at about 8.00 a.m. when the complainant came to the house of the deceased, she saw a person standing on the steps of the hind door of the house and on seeing her he called her to come soon and immediately when she went near the door steps she saw two other persons inside the house.

Immediately all the three dragged her to the kennel where they pressed her neck to the floor as a result she fell unconscious. After some time when she regained consciousness, she found that she had sustained injuries on her head and arms and when she went inside the house, she saw said Meera Balakrishna

Gowda lying in the kitchen with her hands having been tied by a rope. Immediately, she shouted. On hearing her cries, Shivaraju-accused No. 3 and one Achyutha came there and on seeing Meera Balakrishna Gowda they declared her dead. Thereafter they removed Meera

Balakrishna Gowda to the Hospital in an auto rickshaw.

As CW.1 had also sustained injuries, she took treatment in the Hospital and her statement came to be recorded in the Hospital.

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5. Though the incident said to have occurred on

2.3.2008 nearly for about 2½ years no progress was achieved by the Investigating Officer. According to the prosecution, on 7.9.2011, further statement of CW.1

Vimala came to be recorded wherein she expressed some suspicion against accused No. 3-Shivaraj who was a servant in the house of deceased Meera Balakrishna

Gowda. During investigation, CW.20 and CW.28 police constables who were entrusted with the work of tracing the culprits responsible for the murder of Meera

Balakrishna Gowda, saw accused Nos.3 to 6 talking in the Hillside Bar and Restaurant situated in Sullya Town and discussing about the murder of Meera Balakrishna

Gowda committed by them. This discussion was over heard by CWs.35 to 37 who are the workers in the said

Bar and Restaurant. On the basis of the statements of

CWs.20 and 28 and CWs.35 to 37, accused Nos.3 to 6 were apprehended on 3.6.2012. Thereafter the apprehended accused were subjected to Test

Identification Paradeon 15.6.2012 wherein CW.1 said to have identified accused Nos. 2 and 4. Accused Nos. 3

: 7 : and 5 stated to be known persons to CW.1. To this effect further statement of CW.1 said to have been recorded on 7.9.2012. The petitioners on being produced before the jurisdictional Magistrate were subjected to judicial custody. Their application filed before the learned Sessions Judge for grant of bail came to be rejected. Therefore, they are before this Court. In the meanwhile, on completion of investigation, charge sheet came to be filed. However the matter is yet to be committed to the Court of Sessions.

6. Petition is opposed by the respondent – State, by filing detailed statement of objections.

7. I have heard both sides and perused the records made available.

8. No doubt, at this stage, the contents of the post mortem report and the other materials prima facie indicate that Meera Balakrishna Gowda met with homicidal death on 2.3.2008. Even according to the complaint allegations, accused No.3-Shivaraj was very

: 8 : much present near the house of the deceased and he came inside the house on hearing the cries of CW.1.

However, in the complaint lodged by CW.1 at the earliest point of time, she did not disclose the names of accused Nos.3 and 5, who were stated to be known persons to her. Even in her further statement said to have been recorded on 7.9.2011, she only expressed suspicion against accused No.3-Shivaraj. According to the allegations made in the complaint, when the complainant came near the house, she saw one person standing on the steps near the hind door of the house while the two others were standing inside the house and all the three were unknown persons and strangers to her. Though the prosecution tried to project that the murder was for gain, there is no prima facie material to indicate that any valuable articles were found missing from the house. Even according to the case of the prosecution, during the Test Identification Parade, CW.1 said to have identified accused Nos.2 and 4. Accused

No. 6 has not been identified in the Test Identification

Parade. As noticed supra, though accused Nos.3 and 5

: 9 : are stated to be known persons to CW.1, their complicity in the commission of the offence has not been indicated at the earliest point of time nor the materials collected during investigation and produced while filing charge sheet prima facie indicate their complicity in the commission of the offence. No recovery has been effected at the instance of accused

Nos. 3 and 5. Having regard to the facts and circumstances of the case and the materials available on record, at this stage, there are no reasonable grounds to indicate the complicity of these petitioners in the homicidal death of deceased Meera Balakrishna

Gowda. All these petitioners have been arraigned as accused in the case only on suspicion. It is well settled law that suspicion however strong, does not take the place of proof. Therefore, in the light of the above observation, the petitioners are entitled to be enlarged on bail. The apprehension of the prosecution could be allayed by imposing strict conditions.

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9. Hence, the petitions are allowed. The petitioners are ordered to be enlarged on bail in C.C.No.639/12 on the file of the JMFC, Sullya (Crime No.53/12 of Sullya

Police Station, Dakshina Kannada District), on each of them executing personal bond for a sum of Rs.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 the further conditions that:

i) They shall not tamper or terrorise the prosecution witnesses in any manner;

ii) They shall appear before the trial court on all hearing dates without fail;

iii) They shall not indulge in any acts similar to the one alleged in the case;

iv) They shall not go out of the jurisdiction of the court of sessions without prior permission thereof and

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v) They shall mark their attendance in the respondent-Police Station on every 20 th of each calendar month between 10.00 a.m. and 5.00 p.m. till the disposal of the case.

Sd/- JUDGE

RS/*