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Judgment
S Vishwajith Shetty, J
Accused in Spl.CC.No.2924/2023 pending before the Court of L Addl. City Civil & Sessions Judge & Children's Court (Special), Bengaluru City, arising out of Crime No.298/2023 registered by Bagalagunte Police Station, Bengaluru City for the offences punishable under Sections 302, 201, 504, 506 IPC, is before this Court under Section 439 Cr.PC.
Heard the learned Counsel for the parties.
FIR in Crime No.298/2023 was registered by Bagalagunte Police Station, Bengaluru City, initially against unknown persons and one Chandra, for the offence under Section 302 IPC, on the basis of the first information received from Lakshmi.M. on 05.09.2023 at about 14.30 hours.
In the first information, it is averred that first informant's daughter - Navaneetha and grand son Sai Srujan were found dead in their house. Navaneetha was married to Chandra who was addicted to alcohol and used to harass his wife. Therefore, she was living separately along with her son. The first informant suspected the hand of Chandra in the murder of her daughter and grand son. During the course of investigation, the petitioner was arrested on 07.09.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet is filed as against the petitioner for the aforesaid offences. The bail application filed by him before the Trial Court in Crl.Misc.No.11854/2023 was rejected on 16.12.2023. Therefore, he is before this Court.
Learned Counsel for the petitioner submits that investigation in the case is completed and charge sheet has been filed. The entire case of the prosecution is based on circumstantial evidence. Petitioner has no criminal antecedents. He, accordingly prays to allow the petition.
Per contra, learned HCGP has opposed the petition. She submits that petitioner had illicit relationship with the deceased who was living separately. Petitioner suspected that the deceased had illicit relationship with one Lokesh, and therefore, he had committed the crime. CWs-4, 5 & 19 who are the neighbourers have seen petitioner quarrelling with the deceased immediately prior to the incident in question and they have also stated that they have seen petitioner leaving the house of the deceased in a hurried manner. She, accordingly prays to dismiss the petition.
FIR in Crime No.298/2023 was registered on the basis of the first information received from Lakshmi.M., who is the mother of deceased Navaneetha, after she found the dead body of her daughter and grand son in their house. CW-19 is the landlord of the house in which the deceased was living along with her son. CWs-4 & 5 are the neighbourers of the said house. All these three witnesses have clearly stated that they had seen the petitioner along with the deceased on 05.09.2023. They have also stated that the petitioner was found quarrelling with the deceased and the son of the deceased was sent outside the house by the petitioner for purchasing some articles. They have also stated that a day prior to the date of incident, they had seen Lokesh near the house of the deceased and the next day, petitioner came near the house of deceased and was found quarrelling with her. After the petitioner was arrested on 07.09.2023, at his instance, his blood stained clothes have been recovered. After Navaneetha and her son were murdered, the assailant had locked the house from outside and had left the place. At the instance of the petitioner, the key of the door lock was also recovered. Petitioner allegedly has committed the heinous murder of mother and son since he suspected that Navaneetha had illicit relationship with Lokesh - CW-3. Navaneetha's son who was sent outside the house for purchasing some articles, after coming back had seen the dead body of his mother, and therefore, the assailant had also murdered the boy by strangulating him.
The statements of CWs-4, 5 & 19 and also the recovery made by the police after the petitioner was arrested on 07.09.2023, prima facie makes out a case against the petitioner, and therefore, merely for the reason that investigation is completed, the prayer made by the petitioner to enlarge him on bail cannot be granted. Accordingly, petition is dismissed with liberty to the petitioner to renew the bail application after examination of CWs-4, 5 & 19 is completed before the Trial Court.