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Judgment
S Vishwajith Shetty, J
Accused in S.C.No.20/2023 pending on the file of II Addl. District & Sessions Judge, Udupi, arising out of Crime No.70/2023 registered by Kapu Police Station, Udupi District for the offence punishable under Section 302 of IPC is before this Court seeking regular bail.
Heard the learned counsel appearing for the parties.
FIR in Crime No.70/2023 registered by Kapu Police Station, Udupi District against the petitioner herein for the aforesaid offence on the basis of first information dated 21.04.2023 received from Sri Santhosh V Saliyan, who is the brother of deceased Dayanand Saliyan. During the course of investigation, the petitioner was arrested on 22.04.2023 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed.
The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.20/2023 was dismissed on 24.01.2024. Therefore, he is before this Court.
Learned counsel for the petitioner submits that the petitioner who has no criminal antecedents is in custody from 22.04.2023. The trial is not yet commenced in the present case. He submits that case of the prosecution is based on circumstantial evidence. Accordingly, he prays to allow the petition.
Per contra, learned HCGP has opposed the petition. He submits that CWs.2 to 5 are the eye witnesses to the incident in question and they had seen the petitioner and deceased quarrelling with each other in front of Swarna Bar on the intervening night of 20.04.2023 and 21.04.2023. Accordingly, he prays to dismiss the petition.
The first informant, who is the brother of deceased Dayanand Saliya had approached the police in the morning of 21.04.2023 and has submitted his first information alleging that he was informed by his friend that on the intervening night of 20.04.2023 and 21.04.2023, the petitioner and deceased had fought against each other in front of Swarna Bar in their village and the petitioner allegedly had assaulted deceased with some weapon and had escaped from the spot. Deceased Dayanand Saliyan who was admitted to Adarsha hospital, Udupi had died. The first informant thereafter had gone to hospital where the dead body of his brother Dayanand was kept and after identifying the dead body, he has approached the police and submitted his first information.
During the course of investigation the petitioner was arrested on 22.04.2023 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed. Undisputedly, the petitioner has no criminal antecedents.
Learned HCGP has opposed the bail application on the ground that CWs.2 to 5 are the eye witnesses to the incident in question, who have stated that they had seen the petitioner committing murder of deceased. A perusal of statement of the aforesaid witnesses would go to show that, they have stated before the police that the petitioner and deceased were quarrelling in front of Swarna Bar and the petitioner had assaulted deceased with his hands. The allegation in the charge sheet is that after the petitioner and deceased had quarreled in front of Swarna Bar, deceased had left the place and had gone behind the building which belongs to Balachandra for the purpose of urination. The petitioner who followed him thereafter assaulted him with a iron punch on his face and head and had committed his murder.
Considering the aforesaid aspects of the matter and having regard to the fact that the petitioner who has no criminal antecedents is in custody from 22.04.2023 and the trial in the case is yet to be commenced wherein prosecution has totally cited 38 charge sheet witnesses, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.
Accordingly, the following:
ORDER
The petitioner is directed to be enlarged on bail in S.C.No.20/2023 pending on the file of II Addl. District & Sessions Judge, Udupi, arising out of Crime No.70/2023 registered by Kapu Police Station, Udupi District for the offence punishable under Section 302 of IPC, subject to the following conditions:
a) Petitioner shall execute a 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 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;