Karnataka High Court
Sri Mothi Naika @ Moorthy @ Moorthy ... vs The State Of Karnataka on 15 November, 2023
Bench: S Vishwajith Shetty
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CRL.P No. 9375 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9375 OF 2023
BETWEEN:
SRI MOTHI NAIKA @ MOORTHY @ MOORTHY NAIKA,
S/O LATE CHANDRA NAIKA,
AGED ABOUT 42 YEARS,
R/AT KOYLAR GATTI TANDA,
DASARAHALLI, HOOVINA HADAGALLI TALUK,
VIJAYANAGARA DISTRICT - 583219,
(IN JUDICIAL CUSTODY SINCE 01.03.2023).
...PETITIONER
(BY SRI V B SIDDARAMAIAH, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REPRESENTED BY NORTH POLICE STATION,
DAKSHINA KANNADA - 575001,
Digitally
signed by REPRESENTED BY STATE PUBLIC PROSECUTOR,
PRAMILA G V HIGH COURT OF KARNATAKA BUILDING,
Location: BANGALORE - 560001.
HIGH COURT ...RESPONDENT
OF (BY SRI RANGASWAMY R, HCGP)
KARNATAKA
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN S.C.NO.103/2023
(C.C.NO.391/2023) CR.NO.89/2022 OF MANGALORE NORTH
P.S., MANGALURU CITY FOR THE OFFENCE P/U/S 364, 302,
201 R/W 34 OF IPC PENDING ON THE FILE OF THE VI
ADDL.DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU
AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 9375 of 2023
JUDGMENT
1. Accused No.2 in S.C.No.103/2023 pending before
the Court of VI Additional District & Session Judge, D.K.,
Mangaluru arising out of Crime No.89/2022 registered by
Mangalore North Police Station, Mangaluru City for the offence
punishable under Sections 364, 302, 201 read with Section 34
of Indian Penal Code (for short hereinafter referred to as 'IPC')
is before this Court under Section 439 of Cr.P.C. seeking
regular bail.
2. Heard the learned counsel for the petitioner and
learned High Court Government Pleader for respondent - State.
3. Facts leading to the filing of this petition narrated
briefly are:
FIR in Crime No.89/2022 was registered by Mangalore
North Police Station, Mangaluru City against unknown persons
based on the complaint lodged by Smt.Chandra wife of Mayavel
Periyaswamy. In the complaint, it is averred that the
complainant's husband Mayavel Periyaswamy was selling
decorative mud lamps in Mangalore, Dakshina Kannada district.
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On 14.10.2022 at about 06.00 p.m., accused No.1 who was
acquainted with the complainant as well as her husband
Mayavel Periyaswamy met the complainant and her husband
and informed them that a person known to him intended to buy
10-20 bags of lamps and for the purpose of negotiating with
him he took complainant's husband along with him and left the
place. Thereafter, the complainant's husband did not return and
when the complainant tried to contact her husband over his
mobile phone she found that the mobile phone of her husband
was switched off. Thereafter, she had approached the Police
and lodged a complaint based on which FIR was registered.
During the course of the investigation of the case, accused No.1
was arrested on 20.11.2022 and based on his confession
statement accused No.2 was arrested on 25.11.2022.
Investigation in the case is complete and charge sheet has
been filed.
4. The bail application filed by the petitioner under
Section 439 of Criminal Procedure before the VI Additional
District and Sessions Judge, Dakshina Kannada Mangaluru in
S.C.No.103/2023 was rejected on 05.07.2023. It is under these
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circumstances, the petitioner is before this Court seeking regular
bail.
5. Learned counsel for the petitioner having reiterated
the grounds urged in the petition submits that the entire case of
the prosecution is based on the circumstantial evidence. Except
the confession statement of accused No.1, there is no other
material to connect the petitioner to the crime and submits that
the petitioner who has no criminal antecedents is in judicial
custody since one year and he accordingly prays to allow the
petition.
6. Per contra, learned High Court Government Pleader
has seriously opposed the bail petition and prays for dismissal of
the petition.
7. I have carefully considered the rival arguments of
the learned counsel for both sides and also perused the material
on record.
8. Material on record would go to show that FIR in
Crime No.89/2022 was registered against unknown persons
after the complainant's husband Mayavel Periyaswamy was
found missing. In the complaint it is averred that the
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CRL.P No. 9375 of 2023
complainant's husband had gone along with accused No.1 on
14.10.2022. During the course of investigation, accused No.1
was arrested on 20.11.2022 and based on his confession
statement, dead body was recovered and subsequently accused
No.2/petitioner was also arrested on 25.11.2022. As per the
charge sheet allegations, accused persons had committed
murder of Mayavel Periyaswamy with an intention to make
unlawful gain by selling the decorative mud lamps which the
deceased had kept in a open space for sale.
9. On perusal of the charge sheet allegations, it would
go to show that on 14.10.2022, accused No.1 took the deceased
along with him and made him to consume alcohol at Prashanth
Bar and thereafter he took him to a vacant place in Bangrakulur
village and along with accused No.2 had committed murder of
Mayavel Periyaswamy. As per the charge sheet allegations, the
petitioner herein had allegedly held the deceased-Mayavel
Periyaswamy and accused No.1 had assaulted Mayavel
Periyaswamy with a knife on his neck and committed his
murder. The entire case of the prosecution is based on the
circumstantial evidence. The petitioner who has no criminal
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antecedents is in custody from 25.11.2022. Allegation against
the accused persons is required to be proved in full fledged trial.
10. Under these circumstances, I am of the opinion that
the petitioner has made out a case for grant of regular bail.
11. Accordingly, I pass the following:
ORDER
The Criminal Petition is allowed.
The petitioner is directed to be released on bail in respect
S.C.No.103/2023 pending before the file of VI Additional
District & Session Judge, D.K., Mangaluru arising out of Crime
No.89/2022 registered by Mangalore North Police Station,
Mangaluru City for the offence punishable under Sections 364,
302, 201 read with Section 34 of IPC, subject to the following
conditions:-
a) Petitioner shall execute personal bond for a
sum of Rs.1,00,000/- (Rupees one lakh only)
with two sureties for the likesum, to the
satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the
dates of hearing before the Trial Court unless
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the Trial Court exempts his appearance for
valid reasons;
c) The petitioner shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
d) The petitioner shall not involve in similar
offences in future;
e) 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.
Sd/-
JUDGE
GVP
