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Judgment
A.S. Pachhapure
The petitioner, having been arrested and charge sheeted for the offence u/s 302 of IPC and allied offences has applied for regular bail. The relevant facts for the purpose of this petition in brief are as under:
One Renuka Devi is the daughter of the first accused and sister of accused Nos. 2 and 3. She was given in marriage to one Mahantappa Jamadar. It is alleged that the Mahantappa Jamadar (deceased in this case) had killed his wife Renuka Devi and he was charge sheeted for the death of his wife and he was acquitted of the said charge. It is in this context that on the date of the incident i.e., on 15.06.2011 the accused formed an unlawful assembly at the place of incident with an intention to cause the death of Mahantappa Jamadar, the other accused caused assault and accused No. 2 fired a bullet and Mahantappa Jamadar died on the spot. During the investigation, the petitioner was arrested and charge sheet is said have been filed and a case was registered in S.C. No. 115/2012.
It is the submission of the learned counsel for the petitioner that there is no active part played by the petitioner in the incident and that the death is caused by accused No. 2 by firing a bullet. Therefore, he submits that by imposing stringent conditions, the petitioner may be granted bail. The learned High Court Government Pleader has opposed the application.
It is relevant to note that accused Nos. 1, 3 and 5 are absconding since from the date of the incident. The petitioner and two others are in custody. The charge sheet has been filed and the case is made over to 4th Additional Sessions Court at Gulbarga. The material placed on record reveals that the petitioner had also taken part in causing the injury on the deceased with Jambiya. The petitioner has earlier moved the application and same is withdrawn.
Taking into consideration the fact that the case is made over to 4th Additional Sessions Court for the purpose of trial, I think the interest of justice would be met if the learned Sessions Judge is directed to conclude the trial within a specified period only for the reason that already other accused are absconding and possibility of the petitioner fleeing from justice cannot be over-ruled. In the result the petition is dismissed. The learned 4th Additional Sessions Judge is directed to dispose of the Sessions Case pending against the petitioner and two other accused within a period of six months from the date of communication of this order.