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Judgment
S Vishwajith Shetty, J
Accused in Crime No.167/2022 registered by Chelur Police Station, Tumakuru, for the offences punishable under Section 302 of IPC, is before this Court under Section 439 of Cr.P.C.
Heard the learned Senior counsel appearing for the petitioner and the learned HCGP for respondent-State.
On the complaint of Vijay s/o late Ramesh dated 05.11.2022, F.I.R. in Crime No.167/2022 was registered by Chelur Police Station, Tumakuru against the petitioner for offence punishable under Section 302 of IPC. In the complaint it is averred that complainant and petitioner herein are brothers. Complainant was married to Nakkalolo Sirisha and the petitioner was married to the younger sister of Nakkalolo Sirisha namely Rita alias Anitha. The complainant allegedly had given an amount of Rs.5,000/- to the petitioner as loan. The said amount was not repaid by the petitioner and therefore, there was a quarrel between the parties in the said regard. On 05.11.2022 at about 10.30 am, complainant and his wife Sirisha had gone near the shed of the petitioner for demanding repayment of the aforesaid amount of Rs.5,000/-. The petitioner allegedly informed that he had no money and he would repay the money after some time. Since the complainant's wife Sirisha had demanded repayment of the money, petitioner allegedly got enraged and took out a knife from his pocket and assaulted Sirisha on her neck with the said knife and ran way from the spot. Sirisha succumbed to the injuries on the spot. It is in this background, complainant had approached the Police on 05.11.2022 and lodged the complaint, which had resulted in registering F.I.R. in Crime No.167/2022 against the petitioner for the aforesaid offence. During the course of investigation, petitioner was arrested on 06.11.2022 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application filed before the Court of VI Additional District and Sessions Judge, at Tumakuru in Crl.Misc.No.136/2023 was dismissed on 10.02.2023. Therefore, petitioner is before this Court.
Learned Senior counsel appearing for the petitioner having reiterated the grounds urged in the petition, submits that petitioner had no intention to commit the murder of the deceased. The incident had taken place in a spur of moment and a single blow is found in the body of the deceased. He submits that petitioner has no criminal antecedents. Accordingly, prays to allow the petition.
Per contra, the learned HCGP has opposed the bail application and submits that there are eye witnesses to the incident in question and they are close relatives of the petitioner. Accordingly, prays to reject the petition.
From the complaint averments it is seen that petitioner and complainant are direct brothers. Deceased-Sirisha is the wife of the complainant. Younger sister of the deceased-Sirisha is the wife of the petitioner. All the family members were staying together in adjacent sheds and on 05.11.2022 there was a quarrel between the family members regarding repayment of Rs.5,000/-, which was allegedly borrowed by the petitioner from the complainant. It is on the said issue, parties had fought against each other and petitioner allegedly assaulted Sirisha with the knife, which was in his pocket on her neck and as a result of the said injury Sirisha had succumbed to the same at the spot. From the overall appreciation of material available on record it is found that the incident had taken place in the spur of moment and it cannot be said that the petitioner had any motive or intention to commit the murder of his sister-in-law, who is the elder sister of his wife. Petitioner has no criminal antecedents and is in custody since 06.11.2022. Investigation in the case is completed and charge sheet has been filed. Apprehension of the learned HCGP that petitioner may tamper with the prosecution witness in the event he is released on bail can be taken care of by imposing appropriate conditions. Accordingly, the following:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.167/2022 registered by Chelur Police Station, Tumakuru, for the offences punishable under Section 302 of IPC subject to the following conditions:
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off;
e) The petitioner shall not involve in similar offences in future.