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Judgment
Anil B Katti, J
The petitioners arrayed as accused Nos.9 and 10 are seeking regular bail under Section 439 of Cr.P.C.
On the strength of the complaint filed by G.Ashok Kumar to criminal law was set into motion by registering the case in Cowl bazaar Police Station Crime No.213/2022 for the offence under Section 302 r/w Section 34 of IPC.
The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that the complainant and deceased Manjunath since for last 20 years were doing rice business. On 28.09.2022 mid-night in between 2.10 am to 3.30 am in Radio Park circle, Ballari, some persons with evil intention have committed the murder of deceased Manjunath by throwing Chilly powder on his eyes and assaulted him with chopper on his head, hands and also on other parts of his body. On the basis of said allegations made in the complaint, FIR came to be registered in Cowl Bazar Police Station crime No.213/2022 for the aforementioned offences. The investigating officer after completing the investigation has filed the charge sheet.
Learned HCGP orally objects for grant of bail looking to the allegations against accused Nos.9 and 10.
Heard the arguments of both the sides.
Indisputably, on the basis of the complaint filed by G. Ashok Kumar S/o G.Mallikarjuna, case is registered under Section 302 r/w 34 of IPC against unknown persons. On the basis of voluntary statement of accused and statement of CW.24, accused Nos.9 and 10 were arrested in this case for arranging to pay Rs.2,00,000/- as supari money and paid to accused No.4 for committing the murder of Manjunath who is the brother of the complainant.
The charge sheet material would go to show that the allegation of committing murder with chopper is against accused Nos.2 and 3. The other accused were alleged to have abetted accused Nos.2 and 3 for committing the murder of brother of complainant Manjunth.
The prosecution records would go to show that accused No.4 is alleged to have approached accused No.9 and 10 for medical treatment of their friend who met with an accident. The statement of the witness CW-24 would speak to the effect that accused Nos.9 and 10 by making false statement that their friend met with an accident and needs surgery taken Rs.2,00,000/- as loan. The revelation of loan amount of Rs.2,00,000/- being used for contract killing of Manjunath, brother of complaint is from the Police. The prosecution further alleged that accused No.10 paid the money to accused No.4 who, in turn paid the said amount to accused No.5 and thereafter both of them paid the said money to accused No.2.
Indisputably, the involvement of accused Nos.9 and 10 in this case is based on the voluntary statement of other accused and the statement of CW.24. The question is as to whether the loan amount of Rs.2,00,000/- availed by accused Nos.9 and 10 from CW-24 is with the knowledge that the said money would be used for contract killing of brother of complainant Manjunath is a matter of trial.
In view of the fact that there are no allegations against accused Nos.9 and 10 of they having actively participated in committing the murder of brother of complainant Manjunath and the involvement of accused Nos.9 and 10 is rest on the voluntary statement of other accused and statement of CW.24 and there is no other evidence on record to connect these accused with the offence alleged against them. Therefore, under these circumstances, petitioners/accused Nos.9 and 10 are entitled for bail. Consequently, I proceed to pass the following:
ORDER
Petition filed by petitioners/accused Nos.9 and 10 is allowed.
Petitioners/accused Nos.9 and 10 are ordered to be released on bail in Crime No.213/2022 of Cowl Bazar Police Station, subject to following conditions:
i) Petitioners shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the trial Court.
ii) Petitioners shall produce their address proof documents and that of their surety subject to Police verification by the concerned Police station.
iii) Petitioners shall not indulge in tampering the prosecution witnesses directly or indirectly.
iv) Petitioners shall not leave the jurisdiction of the trial Court without it’s prior permission.
v) Petitioners shall attend the Court proceedings on all the dates of hearing and shall co-operate for the speedy disposal of the case.