Charan Rao P S/O Late Babu Rao vs State Of Karnataka State By Madanayakanahalli Police R/By State Public Prosecutor, High Court Of Karnataka, Bangalore 560001

K. Natarajan, J

This successive bail petition is filed by accused No.1 under Section 439 of the Code of Criminal Procedure for grant of bail in Crime No. 340/2019 registered by the Madanayakanahalli Police, who have filed the charge sheet for the offences punishable under Sections 302 and 201 of IPC.

Heard the learned Counsel for the petitioner-accused No.1 and the learned High Court Government Pleader for the respondent-State.

The case of the prosecution is that on 23.7.2019, the complainant one Suresh filed the complaint with the respondent-Police for the alleged aforesaid offences against the unknown person as a dead body of the deceased was found near the coconut garden. During the investigation, the police arrested the petitioner and other accused persons on16.8.2019 and the petitioner-accused No.1 confessed the crime and subsequently, he was taken into custody. His earlier bail petitions have been rejected by this Court as well as by the Magistrate Court. Hence, the petitioner is now before this Court.

The learned Counsel for the petitioner-accused No.1 contended that the petitioner is in custody for nearly five years. The other co-accused i.e., accused Nos.2 to 7 in this crime have been granted bail by the Co-ordinate Bench of this Court. The trial is under progress and the only eye witness is left for examination and therefore, prayed to allow the petition.

Per contra, learned High Court Government Pleader seriously opposed the bail petition and contended that the if bail is granted, the petitioner may tamper with the only sole eye witness and therefore, as no fresh ground is made out for grant of bail by the petitioner in this successive bail petition, prayed to dismiss the petition.

Having heard the arguments on both sides, it has to be noticed that this Court while granting bail to accused No.4, considering the case on merits has observed that the entire case is built up on the voluntary statement of the petitioner-accused No.1 and subsequently, this Court came to know that C.W.10 was the eye witness to the incident. Except this petitioner-accused No.1, all other co-accused are already granted bail by this Court as well as by the Magistrate Court. Considering the facts and circumstances of the present case that the petitioner-accused No.1 is in custody for more than four years, the trial is under progress and except C.W.10, there are no eye witnesses, no prejudice would be caused to the prosecution, if the petitioner-accused No.1 is granted bail. Hence, I proceed to pass the following:

ORDER

i) Petition is allowed;

ii) The petitioner-accused No.1 shall be released on bail in connection with Crime No.340/2019 registered by Madnayakanahally Police Station, Bengaluru for the aforesaid offences on he executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, if not required in any other case;

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

iv) The petitioner shall not indulge in any similar offences;

v) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court;

vi) The trial Court to release the petitioner only after examination of both chief-examination as well as cross-examination of the eye witness C.W.10;

vii) If any of the conditions are violated by the petitioner-accused No.1, the prosecution can seek for cancellation of bail now granted;

viii) The trial Court is directed to expedite the trial.