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Judgment
M G Uma, J
The petitioners-accused Nos. 1 to 3 are before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.46/2024 of Bylakuppe Police Station, pending in Prl. Civil Judge (Sr.Dn) and CJM Court, Periyapatna, Mysuru district registered for the offences punishable under Sections 304 read with Section 34 of the Indian Penal Code (for short 'IPC') and under Sections 3, 5, 25, 27 of the Arms Act, 1959, on the basis of the first information lodged by the informant-Jayaprakasha.
Heard Sri H.S.Chandramouli, learned Senior advocate for the petitioner. Perused the materials on record.
Learned Senior advocate for the petitioner submitted that the petitioners are arrayed as accused Nos.1 to 4. They are innocent and have not committed any offences as alleged. They have been falsely implicated in the matter, without any basis. It is stated that on 19.03.2024 the deceased sustained bullet injury and he was shifted to the hospital by the petitioners. On 20.03.2024 the brother of the deceased lodged the first information without any details but suspecting that the petitioners have played mischief. On the basis of the same, Section 304 of the IPC was invoked. Initially, no UDR was registered. The petitioners were apprehended on 21.03.2024. Till today, there is no reasonable explanation as to how the petitioners have committed the offences. Detention of the petitioners in custody would amount to pre-trial punishment. The petitioners are the permanent residents of the address mentioned in the cause title to the petition and are ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.
Learned High Court Government Pleader has not made any submissions.
In view of the contentions urged by the learned counsel for the petitioners, the point that would arise for my consideration is:
“Whether the petitioners EW entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for the following:
REASONS
The allegations made against the petitioners are of serious nature. The incident has taken place on 19.03.2024. It is stated that the petitioners got admitted the injured to the hospital, but he died on the same day. It is also stated that as per the medical report there was one bullet entry wound on the body of the deceased, which caused the death of the deceased. On 20.03.2024, the first information was filed and FIR was registered for the offence punishable under Section 304 of IPC along with the provisions of the Indian Arms Act. It is not the contention of the prosecution that the petitioners are required for further investigation. Therefore, detention of the petitioners in custody would amount to infringement to their right to life and liberty. Hence, I am of the opinion that the petitioners are entitled to be enlarged on bail subject to conditions, which will take care of the apprehension that the petitioners may abscond or may tamper or threaten the prosecution witnesses.
Accordingly, I answer the above point in the affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioners are ordered to be enlarged on bail in Crime No.46/2024 of Bylakuppe Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
a). The petitioners shall not commit similar offences.
b). The petitioners shall not threaten or tamper with the prosecution witnesses.
c). The petitioners shall appear before the Court as and when required.
If in case, the petitioners violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioners, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioners and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.