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Judgment
This petition is filed by the petitioners/accused Nos.2, 3 & 5 under Section 439 of Cr.P.C. seeking their release on bail of the offences
punishable under Sections 302 and 201 r/w 34 of IPC, registered in respondent - police station Crime No.229/2017.
Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.2, 3 & 5 and also the learned High Court Government
Pleader appearing for the respondent-State.
Brief facts of the prosecution case is one Smt.Munirathna is the complainant of this case, who lodged a complaint on 05.06.2017 and deceased
is one Suresh, husband of the complainant. Looking to the complaint averments that the alleged incident said to have been taken place about two
years back. The materials goes to show firstly UDR No.191/2014 came to be registered and even at that time, there was nobody to receive the
dead body of Suresh and accordingly, it was disposed of by railway authority by performing the funeral. But, subsequently the complainant filed
the present complaint.
Looking to the prosecution material, there is inordinate delay of more than two years in lodging the said complaint. Even looking to the
prosecution materials, the case of the prosecution rests on the circumstantial evidence and there are no direct witnesses to the incident. The learned
counsel appearing for the petitioners submitted that there is no prima facie material placed by the prosecution. Since from the date of their arrest,
petitioners are in custody. Hence, he submitted to allow the petition.
Learned HCGP made a submission that looking to the investigation materials, there is a prima facie case as against all the petitioners herein.
Hence, he submitted to reject the bail petition.
I have perused the charge sheet, material collected during the investigation. The delay of more than two years is not properly explained by the
prosecution and complainant is also not a eye witness to the incident. The case of the prosecution rests on the circumstantial evidence. The
petitioners have contended in the petition that they are innocent and not committed the alleged offences and they have undertaken to abide by any
reasonable conditions to be imposed by this Court.
Considering the material on record, I am of the opinion that it is a fit case to exercise the discretion in favour of the petitioners/accused Nos.2, 3
& 5.
Accordingly, petition is allowed. Petitioners/accused Nos.2, 3 & 5 are ordered to be released on bail for the offences punishable under Sections
302 and 201 r/w 34 of IPC, registered in respondent - police station Crime No.229/2017, subject to the following conditions:
i. Each petitioner shall execute a personal bond for Rs.1,00,000/- (Rupees One Lakh only) and shall furnish one surety for the likesum to the
satisfaction of the concerned Court.
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners have to appear before the concerned Court regularly.