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Judgment
V. Srishananda, J
Heard Sri.Gouri Shankar Mot, learned counsel for the petitioner and Smt.Girija Hiremath, learned High Court Government Pleader for the State/respondent.
Petition is filed under Section 439 of Cr.P.C. with the following prayer:
“WHEREFORE, the petitioners/accused No.1 and 2 most humbly prays that this Hon’ble Court be pleased to enlarge the petitioners/accused No.1 and 2 on regular bail in SC No.5011/2023 pending on the file of Hon’ble 5th Additional District and Sessions Judge, Dharwad, Sitting at:Hubballi as attached in Old Hubballi Police Station, Dharwad in Crime No.102/2022 for the offences punishable under Section 341, 504, 302 read with Section 34 of IPC, in the interest of justice.”
Facts in brief which are utmost necessary for disposal of the present petition are as under:
A complaint came to be lodged with Old Hubballi Police Station by Sunil Guddi on 23.06.2022 which was registered in Crime No.102/2022 for the offences punishable under Section 504, 341, 307 read with Section 34 of IPC against the revision petitioners.
After thorough investigation, police filed the charge sheet against the accused for the offence punishable under Section 302 of IPC noting the death of the injured and accused stood for trial in SC No.5011/2023.
Column No.17 of the charge sheet reveal that on 23.06.2022 at about 7.00 p.m., there was an altercation wherein Chandrashekar was speaking to the sister of the accused persons. Being enraged by the said conversation, with an intention to take away his life, both of them assaulted said Chandrashekar and accused No.2 held him tightly and accused No.1 stabbed him with a knife and whereby he sustained injuries. He was shifted to the hospital and despite best treatment, Chandrashekar succumbed to death.
Accused persons who are in custody faced the trial.
It is found from the records that none of the prosecution witnesses have supported the case of the prosecution whereby there is no iota of material which would advance the case of the prosecution to any extent except post-mortem report and other corroboratory evidence placed on record.
Taking note of these aspects of the matter, learned counsel for the petitioner submits that continuation of the accused is judicial custody is no longer warranted and sought for grant of bail.
However, learned High Court Government Pleader opposes the bail grounds by contending that other material evidence placed on record is sufficient enough to bring home the guilt of the accused and therefore, sought for dismissal of the bail petition.
Having heard the parties in detail, this Court perused the material on record meticulously.
On such perusal of the material on record, it is noticed that material witnesses who have been examined on behalf of the prosecution have turned hostile to the case of the prosecution including the complainant.
As such, there is no material on record which would compel this Court to allow the accused persons to continue in the judicial custody any longer.
Other apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions.
Accordingly, the following:
ORDER
Criminal petition is allowed.
Petitioners shall be enlarged on bail on executing a bond in a sum of Rs.50,000/-each with one surety for the likesum to the satisfaction of the Trial Court.
Petitioners shall not directly or indirectly tamper the prosecution witnesses in any manner.
Petitioners shall not leave the jurisdiction of Dharwad District without prior permission.
Petitioners shall attend the court regularly.
Petitioners shall not indulge in similar offences.
Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail.
Ordered accordingly.