Kamalamma vs State of Karnataka

Budihal R.B, J.—This petition is filed by the petitioners/accused Nos. 1 to 4 u/s 439 of Cr.P.C. seeking their release on bail for the alleged offences punishable under Sections 201, 302 read with Section 149 of I.P.C. registered by the respondent-Police Station in Crime No. 34/2014.

Heard the arguments of the learned counsel for the petitioners/accused Nos. 1 to 4 and also the learned High Court Government Pleader for the respondent-State.

Learned counsel for the petitioners during the course of his arguments submitted that firstly the case was registered in UDR and there afterwards the brother of the deceased lodged a complaint raising suspicion that it is the hands of the present petitioners. Hence, he requested the Police for enquiry. Learned counsel also made the submission that the materials collected during investigation also goes to show that the deceased was suffering from epilepsy and he made the submission that one Vanitha, who is the daughter of the deceased, who was earlier shown as accused No. 5, but subsequently prosecution treated her as prosecution witness and recorded her statement. Her statement also goes to show that deceased died because of epilepsy and he also fell from the vehicle in recent past. Hence, he made the submission that there is no prima-facie material placed by the prosecution to show the commission of the alleged offence of murder.

As against this, learned High Court Government Pleader during the course of his arguments submitted that CWs. 1 to 3 are eye-witnesses to the incident and they have clearly stated about the assault made by the petitioners on the deceased. He also submitted that during investigation, the Investigating Officer has recovered club and also rope said to have been used in committing the offence. Hence, he submitted that petitioners are not entitled to be granted with bail.

I have perused the averments made in the bail petition, F.I.R., complaint and all other charge-sheet material produced by the learned counsel for the petitioners.

At the first instance, the information was furnished by Kamalamma-petitioner No. 1, who is the wife of the deceased and in her statement, she has stated that her husband was suffering from epilepsy and he also fell from the vehicle and it is because of the said decease, he expired and there is no doubt that anybody has caused his death. On the basis of said statement, firstly case was registered in UDR No. 7/2014, but subsequently, Mahalingappa, the brother of the deceased, lodged a complaint wherein he has raised suspicion in death of the deceased and he has mentioned that the deceased was not suffering from any decease. He has also suspected that it is Kamalamma and her relatives assaulted the deceased and because of that reason, he died. On the basis of said complaint lodged on 27-5-2014, case was registered.

I have perused the charge-sheet material. It is no doubt true as submitted by learned High Court Government Pleader that statement of CWs. 1 to 3 that they have seen the incident and the petitioners assaulted the deceased and caused his death. But, looking to other material, the statement of Vanitha, who is the daughter of the deceased, recorded on 26-5-2014, it goes to show that as her father fell from two wheeler vehicle and sustained injuries on toe of the left lower limb and there was also abrasion. She has also stated that her father was suffering from epilepsy and as he was getting the treatment in the Hospital, he expired because of the said ailment. Looking to this statement, which is recorded by the Investigating Officer during investigation, so also the opinion of the Doctor that the deceased was also suffering from epilepsy, there is inconsistency in the prosecution materials with regard to real cause of death. Therefore, at this stage, it cannot be concluded that it is the petitioners committed murder. Now, the investigation is completed and charge-sheet is filed. The petitioners have undertaken in the bail petition that they are ready to abide by any conditions to be imposed by the Court. Hence, the petition is allowed.

The petitioners/accused Nos. 1 to 4 are ordered to be released on bail for the alleged offences punishable under Sections 201, 302 read with Section 149 of I.P.C. registered by the respondent-Police Station in Crime No. 34/2014, subject to the following conditions:-

(i) Each petitioner shall execute a personal bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) with one solvent surety for the likesum to the satisfaction of the concerned Court;

(ii) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses; and

(iii) Petitioners shall appear before the concerned Court regularly.