Chandrappa vs The State of Karnataka

A.S. Pachhapure, J.—It is alleged that, in between 15.11.2010 and 16.11.2010, Ravi [deceased] was found dead and his dead body was hanged to a tree near the garden of one Anjanappa. No complaint was lodged either on 15.11.2010 or 16.11.2010 and it is only on 17.11.2010, the complaint came to be lodged by the father of the deceased stating that the Petitioner and some others have caused the death and hanged the dead body on the tree. The statement of the wife of the deceased reveal that on 15.11.2010 itself she was informed by the parents-in-law on phone that the deceased Was killed by the Petitioner and others. Despite this fact, there is a delay of more than two days in lodging the complaint. Further more, after the arrest of the Petitioner, the police have recorded the voluntary statement. It reveals that the Petitioner took the help of 2 other unknown persons and after causing the death of the deceased by use of a paper cutter, measuring about 14 cm., hanged the dead body to the tree.

But, as could be Been from the FSL report, the length of the paper cutter is about 23 cms. Furthermore, as could be seen from the investigation held, until today no recovery of incriminating material has been made by the prosecution. The case is completely depend/based on the circumstances.

So far as the motive is concerned, it is the case of the prosecution that the Petitioners'' cousin''s sister is the wife of the deceased. It is stated that there was illicit relationship between them and because of which, the incident is said to have occurred. Though the motive that has been put forth is unnatural, it is only in the course of the trial, the circumstances can be proved by the prosecution before the Court. In considering the material placed on record by the prosecution so far as the death of the deceased is concerned, there is also some discrepancy in regard to the type of the tree, on which the dead body was hanging. Further more, as could be seen from, the opinion of the doctor regarding the cause of the death, it is stated that it is consistent with the hanging. So, taking into consideration I these ail circumstances placed on record, I am of the opinion that the Petitioner is entitled to the bail sought for as the circumstances will have to be proved by the prosecution during the course of the trial. So far as the presence of the accused is concerned, some severe conditions can be imposed for his attendance before the Court as the charge sheet has been filed after the investigation. In these circumstances, I am of the opinion that, the Petitioner is entitled to the bail sought for.

In the result, the Petitioner is ordered to be released on bail, on his executing a personal bond for a sum of Rs. 50,000-00 with two solvent sureties for the like sum to the satisfaction of the Sessions Court, with the further following Conditions:

1) The Petitioner shall be made available for interrogation by a police officer as and when he is required.

2) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

3) He shall attend the Court as and when directed.

4) He shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m.