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Judgment
Heard Sri.Shaik Saoud, learned counsel for the petitioner and Sri.K.Nageshwarappa, learned HCGP for the Respondent-State.
The respondent police has charge-sheeted the petitioner (Accused No.5) along with four others in respect of the offence punishable under Section 302 r/w 34 of I.P.C. in Cr.No.17/2016.
The allegation is that on the night of 14.01.2016 during night hours, the accused Nos.3 to 5 were consuming liquor. Over a trivial matter, the deceased and accused No.3 quarreled with each other and that resulted in altercation. Accused Nos.4 and 5 joined accused No.3 and inflicted blows on the deceased and the deceased collapsed. The third accused dropped a heavy stone on his head. The petitioner, connived with accused No.3 during the course.
There are no eye witnesses to the incident. Accused No.5 is said to have made extra-judicial confession and also forwarded the video recording of the incident to the mobile phone of CW-20. CW-21 is the witness in whose liquor shop, the accused and the deceased purchased the liquor just prior to the incident on the night of 14.01.2016. The statement of CW-20 is recorded on 24.01.2016. The petitioner herein was arrested on 23.01.2016 on the basis of the statement given by the arrested accused persons on 17.01.2016. The mobile phone without a sim card is seized under mahazar from the possession of petitioner. Interestingly, no scientific investigation is carried out in respect of the video recording pertaining to the mobile phone produced by CW-20. As of now, the case of the prosecution since rests on circumstantial evidence, there is no impediment to allow this petition.
Accordingly, the petition is allowed. The petitioner in Cr.No.17/2016 (S.C.No.952/2016) registered by the Respondent Police is enlarged on bail, subject to the following conditions:
i) He shall execute a self-bond of Rs.2,00,000/- (Rupees Two Lakhs olnly) with two sureties for the like-sum to the satisfaction of the concerned Court.
ii) The sureties shall produce the original documents pertaining to the immovable properties and their Aadhar Card/Identity Card for perusal of the Court.
iii) The sureties must not have the previous history of furnishing surety in any other criminal case.
Ordered accordingly.