Mohammed Zakhriya & Others vs State Of Karnataka

K. Natarajan, J

This petition is filed by petitioners/accused Nos.3 to 5 under Section 439 of Cr.P.C., for granting them bail in Crime No.235/2020 registered by

Honnali police for the offences punishable under Sections 302, 201 and 34 of IPC.

The case of the prosecution is that on the complaint of the brother of the deceased namely Mohammed Zakriya filed before the police on

20.12.2020 alleging that his elder brother namely Nazeer Ahamed has been murdered by some unknown persons when he was sleeping in the

Madarasa School between 11.00 p.m. on 19.12.2020 and morning of 20.12.2020. The case was registered against unknown persons. During the

course of investigation, the police said to have arrested accused Nos.1 and 2 and also these petitioners on 23.12.2020 and they have been remanded to

judicial custody. It is alleged that accused Nos.1 and 2 with an intention to rob the cash kept by the deceased in his pocket while sleeping on newly

construction of Katta of Madarasa School in the night hours. Accused Nos.1 and 2 have committed murder with knife. During the course of assaulting

the deceased, accused No.2 has sustained injury. When accused No.2 went to the house, accused Nos.3 to 5 who are the father and the brothers of

accused No.2, found the injury and blood stains on the shirt of the accused No.2 and he has informed about the commission of murder to them.

Thereafter, these petitioners said to have destroyed the evidence by burning the blood stained shirt of accused No.2 and also helped accused No.2 by

hiding himself by sending him in a motor cycle and also helped accused No.1 to escape from the area and also thrown the blood stained shirt in a

water channel. Therefore, it is alleged that these petitioners destroyed the evidence of commission of murder, which attracts the provisions of Section

201 read with Section 34 of IPC. The police after investigation, filed the charge sheet. These petitioners have approached the Sessions Court for grant

of bail, which came to be rejected. Hence, they are before this Court.

Learned counsel for the petitioners contended that these petitioners are innocent of the alleged offence and they have been falsely implicated in the

case. Even otherwise, provisions of Section 201 of IPC would attract against these petitioners. These petitioners are not involved in the commission of

murder of the deceased. The investigation is already completed and the charge sheet has been filed. Hence, prayed for allowing the bail petition.

Per contra, the learned High Court Government Pleader objected the bail petition.

Upon hearing the arguments and on perusal of the records it goes to show that admittedly, the offence is committed by accused Nos.1 and 2. A

case was registered against unknown persons and during the course of investigation, it was revealed that these petitioners are the father and brothers

of accused No.2 and they helped accused No.2 by hiding himself and destroyed the evidence and blood stained shirt by burning and throwing the knife

into the water channel. Offence against these petitioners attracts the provisions of Section 201 read with Section 34 of IPC. The offence is though

non-bailable but it is not punishable with death or imprisonment for life. They are in custody since more than 3 months and the charge sheet is already

filed. Therefore, by imposing some stringent conditions, if bail is granted, no prejudice would be caused to the case of the prosecution. Hence, I pass

the following:

ORDER

The criminal petition is allowed.

The Committal Court is directed to release the petitioners/accused Nos.3 to 5 on bail in Crime No.235/2020 registered by Honnali police for the

offences punishable under Sections 302, 201 and 34 of IPC, subject to the following conditions:-

i) Each of the petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for likesum to the

satisfaction of the trial Court;

ii) They shall not tamper with any of the prosecution witnesses directly or indirectly;

iii) They shall not leave the jurisdiction of this Court without prior permission; and

iv) They shall take up the trial without causing any delay.