B. Mahesh vs The State

K.N. Phaneendra, J.—Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent-State. Perused the records.

The Sandur police have submitted a charge sheet against the accused for the offences punishable under Sections 302, 392 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as ''I.P.C.'' for brevity) and also u/s 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ''the Act'' for brevity).

The factual matrix of the case discloses that, on 23.11.2013 the deceased by name Nagaraj was sleeping in the Petrol pump belonging to one Mr. M.V. Prakash of Chikkajogihalli Tanda of Kudligi taluk. It is alleged that on the same day they had earned Rs. 42,700/- from selling petrol. The petitioner herein was the friend of deceased Nagaraj and with an intention to commit robbery of said amount, he has gained entry into the said petrol pump and during the night hours at about 3 a.m. he has pelted a big size stone on the head of deceased Nagaraj and committed his murder and thereafter he has broken the table drawer of petrol pump and committed theft of Rs. 42,700/- from the cash box and also Rs. 300/- from the pocket of deceased Nagaraj. On these allegations police have investigated the matter and submitted a charge sheet.

The learned High Court Government Pleader has drawn my attention that soon before the death of deceased he had a talk with a person and had stated that petitioner was also there with him in the said petrol pump at about 11. p.m. and one Krishna i.e., another witness was present with deceased upto 11 p.m. on that particular day and thereafter he went away from petrol pump. At that time said Krishna has also seen the petitioner coming to petrol pump and had stayed with deceased Nagaraj. Subsequent to the death of Nagaraj, after some days, petitioner was arrested and some amount was recovered at his instance and very particularly his blood stained clothes were recovered. The police have also secured the finger print expert to the petrol pump and he has taken specimen of fingerprints of petitioner. The fingerprints expert has given his statement by stating that the thumb impression of petitioner matches with one of the finger prints detected in petrol pump. Therefore, in my opinion, all these materials show the involvement of accused in the commission of offence.

However, the learned counsel for petitioner submitted that the F.S.L. report of petitioner''s blood stained clothes is not yet received and it is further added that charge sheet papers does not contain the report of fingerprint expert. Therefore, he seeks permission of this Court, if necessary, to approach the trial Court for grant of bail after receipt of said fingerprints expert''s report and F.S.L. report. Hence, I am of the opinion that the petitioner can approach the Sessions Court in future after receipt of above said reports. With these observations, petition deserves to be dismissed. Accordingly, petition is dismissed.