Mahesh @ Ganesh vs The State Of Karnataka
2021 Latest Caselaw 2182 Kant

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            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

         DATED THIS THE 10TH DAY OF JUNE, 2021

                          BEFORE

    THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR

         CRIMINAL PETITION No.200698/2021


BETWEEN:

Mahesh @ Ganesh
S/o. Siddram Karkalla
Age: 26 years, Occ: Plumber
R/o. 13th Cross, Tarfile
Kalaburagi
                                               ... Petitioner

(By Sri Rajesh Doddamani, Advocate)


AND:

The State of Karnataka
Through Station Bazar Police
Station, Now represented by
Additional State Public Prosecutor
High Court of Karnataka
Kalaburagi - 585105
                                             ... Respondent

(By Sri Gururaj V. Hasilkar, HCGP)

       This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to allow the petition and enlarge the
petitioner/accused No.2 on bail in connection with Crime
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No.125/2015 registered by the Station Bazar police station
for the offences punishable under Sections 143, 147, 148,
302, 201, 506 read with Section 149 of IPC, now pending
on the file of the Prl. Civil Judge and JMFC, Kalaburagi in
C.C.No.4254/2016.


      This petition coming on for Orders this day, the
Court made the following:


                         ORDER

The petitioner/accused No.2 has filed this petition

under Section 439 of Cr.P.C. seeking bail in Station Bazar

police station, Kalaburagi Crime No.125/2015, registered

for the offences punishable under Sections 143, 147, 148,

302, 201, 506 read with Section 149 of the Indian Penal

Code, 1860 (for short 'IPC'), pending on the file of Principal

Civil Judge and JMFC, Kalaburagi in C.C.No.4254/2016.

2. The factual matrix leading to this case are that

on 04.07.2015, at about 2.00 a.m., in the night, the

present petitioner along with other six accused persons

were sitting near Durgamma Temple situated at 13th Cross

of Tarfile, Kalaburagi and at that time, they noticed that a

unknown person, aged between 35 to 40 years was

wandering. Then the present petitioner and other accused

persons asked his identity, in Hindi as well as in Kannada

language, but, he did not reply and attempted to throw a

stone against the present petitioner and other accused

persons and started running. Then, the present petitioner

and other accused persons caught hold him, tied him to a

pole with the help of cable wire and assaulted him with

plastic pipes indiscriminately to his legs and hands up to

4.00 a.m. The said person demanded water and he was

untied and water was provided to him, but, he collapsed

and succumbed on the spot. It is also alleged that then

the present petitioner and other accused persons in order

to cause disappearance of commission of the crime have

took the dead body of the unknown person to a burial

ground at 4.30 a.m. and dug a pit and buried the said

dead body of the unknown person. CWs.4 to 9 are said to

be eyewitnesses and they were threatened in this regard.

On the next morning, the complainant has lodged a

compliant in this regard. On the basis of the complaint,

the investigating officer has registered the case in Crime

No.125/2015 by setting the law in motion. Then, the

investigating officer has investigated the matter,

apprehended accused Nos.1, 3 to 5 and 7 and said to have

recovered certain material objects. In the mean while, it is

asserted that the present petitioner, who is accused No.2

and accused No.6 were said to be absconding and after

completion of the investigation, the investigating officer

has submitted the charge sheet. Then, the efforts for

securing accused Nos.2 and 6 went in vain and the case

against them was split up and the case against the other

accused persons was committed to the Sessions Court.

Later on, the trial took place in S.C.No.192/2016 and

accused Nos.1, 3 to 5 and 7 were acquitted as per the

judgment of the learned Sessions Judge dated 12.04.2018.

In the mean while, the present petitioner was apprehended

in the split up case, produced before the Court and

remanded to judicial custody on 29.01.2021.

3. The petitioner has filed a bail petition before

the Sessions Judge and the same was rejected. The

petitioner without any alternative has approached this

Court in this petition.

4. Heard the arguments advanced by the learned

counsel for the petitioner and the learned High Court

Government Pleader at length and also perused the

records.

5. The learned counsel for the petitioner

contended that the petitioner is no way concerned with the

alleged offences and he was not at all absconding and he

had been to Mumbai for eking his livelihood and he is

completely unaware of the present case. He contended

that there is no material evidence to implicate him in the

alleged crime and co-accused persons on similar

allegations, were tried in S.C.No.192/2016 and were

acquitted and since other accused persons have been

acquitted, no purpose will be served by confining the

petitioner in judicial custody. He also contended that the

petitioner hails from respectable family, possessing

movable and immovable property and undertakes to abide

by the terms and conditions to be imposed by this Court.

Hence, it is sought for admitting the petitioner on regular

bail.

6. Per contra, the learned High Court Government

Pleader has opposed the bail petition contending that the

petitioner is absconding since last more than six years and

acquittal of co-accused persons is nothing to do with the

present petitioner and his involvement is required to

considered in the alleged crime. He also contended that

the offence is one under Section 302 of IPC and

considering the nature and gravity of the offences, it is not

a fit case wherein the petitioner can be enlarged on regular

bail. Hence, it is prayed for rejection of the petition.

7. Having heard the arguments and perusing the

records, it is evident that as per the case of the

prosecution, on 04.07.2015, at about 2.00 a.m., one

unknown person was found wandering near Durgamma

Temple at 13th Cross Tarfile, Kalaburagi and he was caught

hold by the present petitioner and other accused persons

and tied to a pole and was also assaulted by a plastic

pipes. Later on, in the morning at about 4.00 a.m., he

succumbed because of the injuries sustained. It is further

case of the prosecution that the present petitioner along

with six other accused persons in order to cause

disappearance of the crime, have buried the dead body of

the unknown person in the burial ground. CWs.4 to 9, who

are eyewitnesses to the incident have been threatened in

this regard and later on, this case came to be registered

on the basis of the complaint lodged by the complainant.

It is evident from the records that the investigating officer

has investigated the matter and submitted the charge

sheet. The case against the present petitioner was split up

and registered in C.C.No.4254/2016, as he was alleged to

be absconding. The co-accused i.e., accused Nos.1, 3 to 5

and 7 have underwent trial on the same set of allegations

in S.C.No.192/2016 and vide order dated 12.04.2018 they

were acquitted.

8. The present petitioner is also sailing in the

same boat as that of other accused persons and the

allegations against him are same. When the co-accused

have been acquitted, no purpose will be served by

retaining the petitioner in judicial custody. Further, the

investigation is completed and charge sheet has been laid.

No independent specific overt act is alleged against the

present petitioner. Further, the alleged eyewitnesses were

already examined in S.C.No.192/2016 including the

complainant and all of them have turned hostile. Under

these circumstances, I do not find any impediment for

admitting the petitioner on regular bail. The other

apprehensions raised by the learned High Court

Government Pleader can be meted out by imposing certain

conditions. Hence, the petition needs to be allowed and

accordingly, I proceed to pass the following:

ORDER

The petition is allowed. The petitioner is ordered to

be enlarged on bail in Station Bazar police station Crime

No.125/2015 of Kalaburagi district, registered for the

offences punishable under Sections 143, 147, 148, 302,

201, 506 read with Section 149 of IPC, pending on the file

of Principal Civil Judge and JMFC, Kalaburagi in

C.C.No.4254/2016, on his executing personal bond in a

sum of Rs.1,00,000/- with two sureties for the like-sum to

the satisfaction of the concerned Court subject to following

conditions:

i) The petitioner shall not tamper with the prosecution witnesses directly or indirectly;

ii) The petitioner shall appear before the Trial Court on all the hearing dates without fail, unless he was specifically exempted by the Court;

iii) The petitioner shall not indulge in any criminal activities.

Sd/-

JUDGE

Srt