Shivakumara vs State of Karnataka

H. Billappa, J.—The petitioner who is accused in Cr. No. 17/2013 of Attibele Police Station has filed this petition under section 439 of Cr.P.C., praying for grant of bail.

It is stated in the petition, the petitioner is the permanent resident of V.S. Doddi Setty Halli and he has not committed any offence. The material on record does not connect the petitioner to the alleged crime. The petitioner is ready to furnish surety. Therefore, the petitioner has prayed for grant of bail.

A case in Cr. No. 17/2013 of Attibele Police Station has been registered against the unknown accused based on the missing complaint of one Lakshmaiah. It is alleged, the complainant''s daughter Ramakrishnamma was married to one Shivappa. They had a son. The husband of the deceased Ramakrsihnamma and her son are no more. The deceased Ramakrishnamma was doing coolie work. She left the house on 5.1.2013 in the morning and did not return.

Based on the complaint of one Paramashivam, a case in UDR. No. 16/2013 of Mathigere Police Station, Krishnagiri district, Tamil Nadu, has been registered. It is stated that on 17.1.2013 in the morning at about 9.00 a.m., when the complainant was in his office he received information that in Sy. No. 10 of Mathigere village near old horse stud behind parale ground, a dead body of a female person aged about 35-40 years was found in a decomposed state. The legs and hands were eaten away by animals. Subsequently, the inquest has been held and post mortem has been conducted and the dead body has been buried on 18.1.2013.

In the course of investigation, voluntary statement of the petitioner has been recorded on 14.7.2013. A mobile phone and some gold ornaments have been recovered. After investigation, charge sheet has been filed. The petitioner is in custody since 14.7.2013.

The learned counsel for the petitioner contended that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case. There is no prima facie case against the petitioner. The UDR proceedings in UDR. No. 16/2013 of Mathigere Police Station, Krishnagiri district, Tamil Nadu, clearly indicate that the dead body was found in highly decomposed state and it was not identified by anybody. The post mortem report indicates that cause of death could not be ascertained. Though some recovery has been made pursuant to the voluntary statement of the petitioner, it does not connect the petitioner with the alleged crime. The petitioner is in custody since 14.7.2013. Therefore, the petitioner can be granted bail.

As against this, the learned Government Pleader submitted that there is prima facie case against the petitioner. Pursuant to the voluntary statement of the petitioner, a mobile phone and some gold ornaments have been recovered. Therefore, the petitioner cannot be granted bail.

I have carefully considered the submissions made by the learned counsel for the parties.

It is relevant to note, it is alleged, the deceased Ramakrishnamma was married to one Shivappa and they had one son. The husband of the deceased Ramakrishnamma and her son are no more. The deceased Ramakrishamma was residing in her parents'' house. On 5.1.2013, she left the house in the morning and did not return. A missing complaint has been lodged. In the course of investigation, it is noticed that UDR. No. 16/2013 of Mathigere Police Station, Krishnagiri district, Tamil Nadu, has been registered and a dead body of some female which was in highly decomposed state was found and it was buried after conducting post mortem. Pursuant to the voluntary statement of the petitioner, a mobile phone and some gold ornaments have been recovered. The material on record discloses that the dead body was in highly decomposed state. It was not identified by anybody. The post mortem report shows that the cause of death could not be ascertained. In the circumstances of the case and nature of material on record, the petitioner can be granted bail subject to certain conditions.

Accordingly, the criminal petition is allowed and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs. .50,000/- with one surety for the likesum to the satisfaction of the Trial Court in S.C. No. 5023/2014 on the file of III Addl. District and Sessions Judge, Bengaluru Rural District sitting at Anekal.

(ii) The petitioner shall not tamper with the witnesses or evidence.

(iii) The petitioner shall appear before the Court regularly without fail.

If any condition is violated, the respondent-State can move for cancellation of the bail.