Nandu Kumar vs State By Mangalore North P.S

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.1 in Crime No.5/2021 of Mangaluru North Police Station, Mangaluru City, for the offences punishable under Sections 302 with Section 34 of IPC.

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/ State.

The factual matrix of the case of the prosecution is that this petitioner, the victim and another accused were working together in connection with renovation work. On the date of the incident, this petitioner demanded the loan amount which was given to the victim. In this connection, a quarrel was taken place. When accused No.2 intervened to pacify the galata, the victim fell down on the ground and immediately this petitioner took the hammer which was used for removal of concrete, inflicting injuries on his head and all over the body and accused No.2 also joined his hands along with accused No.1. Hence, a case has been registered. The police have investigated the matter and filed the charge sheet.

The learned counsel appearing for the petitioner would submit that the case is rests upon the circumstantial evidence and there are no sound circumstances against the petitioner herein. He was arrested on 17.04.2021 though the alleged incident was taken place on 24.01.2021 and the alleged recovery of weapon which was used for committing the murder has to be proved during the course of the trial and he is in custody from the last 13 months. Hence, he may be enlarged on bail and no custodial trial is required considering the material on record.

Per Contra, the learned High Court Government Pleader appearing for the respondent - State would submit that the weapon which was used for committing the offence was seized and the same was sent to the FSL and the FSL report is also positive containing the ‘o’ group blood pertaining to the victim. Learned High Court Government Pleader appearing for the State would submit that accused No.2 and this petitioner were absconded from the date of the murder and he was apprehended on 17.04.2021, almost after 3½ months. When the FSL report is positive in respect of the weapon which has been recovered at the instance of this petitioner, it shows the strong circumstances against the petitioner herein.

Having heard the respective counsel and on perusal of the material available on record, an incident was taken place on 24.01.2021 and this petitioner was arrested on 17.04.2021, almost after 3½ months. The weapon which was used for committing the murder was recovered at the instance of this petitioner and the seized article was sent to the FSL. The FSL report confirms the weapon which was seized at the instance of this petitioner containing the blood group of ‘o’, which is in respect of the deceased. First of all, he was absconded from the date of committing the murder. Apart from that, recovery is also made at the instance of this petitioner. The FSL report also discloses the blood stains of the deceased. When such being the material available on record and the FSL report also confirms the weapon which was used for committing the murder was recovered at the instance of this petitioner and it contains the blood of the deceased. Hence, there is a strong circumstance against the petitioner. Hence, it is not a fit case to exercise the discretion under Section 439 of Cr.P.C. in favour of the petitioner.

In view of the discussions made above, I pass the following:

ORDER

The bail petition is rejected.