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Judgment
H.P. Sandesh, J
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.253/2021 of Periyapatna Police Station, Mysuru District, for the offence punishable under Sections 302 and 201 of IPC.
Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
The factual matrix of the case of the prosecution is that this petitioner married the victim and victim is the third wife of this petitioner. The victim had snatched the ear stud from the daughter of the petitioner Aishu and the same was brought to the notice of this petitioner and when he questioned the same, the victim quarreled with him and with an intention to take away her life, around 11.00 p.m., assaulted with stone and also hit her head on the wall and after committing murder, he kept the dead body in a barren house. That on 22.09.2021, with an intention to screen the evidence, he took the dead body in the motorcycle and disposed of the same by throwing in a pathway and dead body was found in Sy.No.18/1 and after noticing the dead body, case has been registered and the police have investigated the matter and filed the charge-sheet against this petitioner that he committed the murder.
The learned counsel for the petitioner would submit that the case rests upon circumstantial evidence and the alleged witness C.W.-18 statement was recorded on 11.10.2021 and incident has taken place on 22.09.2021 and C.W.18 also speak with regard to the differences between the petitioner and the deceased and investigation has been completed and no further custodial trial is required and hence, he may be enlarged on bail. The counsel would also submit that this petitioner is in custody from 09.10.2021.
Per contra, learned High Court Government Pleader for the respondent-State would submit that the cause of death is on account of injury sustained by the victim and stone was also recovered at the instance of this petitioner which is also blood stained and recovered blood stained stone was sent to RFSL and RFSL report also confirms that the blood stains belong to the deceased. He would also submit that the motorcycle was also seized in which the petitioner carried the body and disposed of the same which was witnessed by C.W.19 i.e., carrying the bag in the motorcycle. Hence, there is prima facie case.
Having heard the respective counsel and also on perusal of the material available on record, the submission of the learned High Court Government Pleader for the respondent-State that the stone which was recovered at the instance of this petitioner was blood stained is not correct. On perusal of the report dated 22.11.2021, the description of article at Sl.No.10 is one stone which was recovered and the same is not stained with blood and except the statement of C.W.19, no other material before the Court to connect this petitioner that there is a sound circumstance. The C.W.18 speaks only with regard to the differences between the husband and wife and when there is no sound circumstance against the petitioner, continuing him in custody in the absence of any sound circumstance affects the liberty of the petitioner. Hence, it is a fit case to exercise the powers under Section 439 of Cr.P.C., with a direction to co-operate with the Investigating Officer in disposal of the case without tampering any prosecution witnesses and subject to imposing certain conditions to protect and safeguard the interest of the prosecution directing. Hence, I pass the following:-
ORDER
The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No.253/2021 of Periyapatna Police Station, Mysuru District, for the offence punishable under Sections 302 and 201 of IPC, subject to the following conditions:
(i) The petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against him is disposed of.