Allowed

Sanjeev Kumar S/O Chandrash Tippankar Bhavan and Ors. v. the State of Karnataka

Karnataka HC12 Feb 2013CRL.P/15159/2013

Case brief

AI extract

What is this about?

High Court granted bail to petitioners accused of murder (IPC 302/201) under CrPC 439, citing the "last seen" theory as insufficient for conviction without corroborating evidence and noting the non-examination of a key witness.

What did the court decide?

Petitioners released on bail subject to furnishing self-bond, sureties, non-jurisdiction exit, no tampering, cooperation with investigation, and appearance at hearings.

Sanjeev Kumar S/O Chandrash Tippankar Bhavan… — Murder and Culpable Homicide | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA

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DATED THIS THE 12^TH DAY OF FEBRUARY, 2013

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BEFORE

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THE HON’BLE MR.JUSTICE ANAND BYRAREDDY

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CRIMINAL PETITION NO.15159/2013

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BETWEEN :

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Sanjeev Kumar S/o Chandrash Tippankar Bhavan, Age: 24 Years, Occ: Kirana Shop Business, R/o: Shaha Bazar near lal Hanuman Mandir, Mahadev Nagar, Gulbarga.

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Vishwanath S/o Bhalchandra Tippankar Bhavan, Age: 25 Years, Occ: Coolie, R/o: Shaha Bazar near lal Hanuman Mandir, Mahadev Nagar, Gulbarga.

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Arun S/o Suresh Singre, Age: 19 Years, Occ: Coolie, R/o: Shaha Bazar near lal Hanuman Mandir, Mahadev Nagar, Gulbarga. … PETITIONERS

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(By Shri. Mahantesh Desai, Advocate)

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AND:

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The State of Karnataka Through Humnabad Police Station) Represented by State Public Prosecutor, High Court of Karnataka Circuit Bench, Gulbarga. … RESPONDENT

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(By Shri Sanjay.A.Patil, Additional State Public Prosecutor)

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This Criminal Petition is filed under Section 439 of Criminal Procedure Code by the advocate for the petitioner praying that this Court to release the petitioners on bail in Crime No.130/2012, Humnabad police station and District Bidar, which is registered for the offences punishable under Sections 201 and 302 of Indian Penal Code.

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This petition coming on for Orders this day, the Court made the following:

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O R D E R

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Heard the learned counsel for the petitioner and the

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learned Additional State Public Prosecutor.

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The present petitioners are said to be accused of having committed offences punishable under Sections 302 and 201 read with Section 34 of Indian Penal Code, 1860. The facts are as follows:

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The dead body of one Anil was discovered and it is on further investigation and on the alleged voluntary statement of petitioner No.1 that the petitioners have been taken into custody. It was alleged that the one Kashinath and two other witnesses claim to have seen the present petitioner No.1 going along with the deceased on a motorcycle and petitioners Nos.2 and 3 were also going on another motorcycle along with them. They were last seen together by the said Kashinath and two other witnesses. This coupled with the circumstance that there was one Sundari with whom the deceased was having a relationship, which was not to the liking of petitioner NO.1 and he had been repeatedly warned to keep away from Sundari. Since the deceased had not heeded the warning. The allegation

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is, that all the petitioners have done away with the deceased. It is on these circumstances that they have been taken into custody and their petition for bail before the court below has been summarily rejected. In fact the court below has not even narrated the facts of the case nor its reasons for denying the bail, except that there is a murder. The petitioners are not entitled for bail.

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Given the circumstances of the case it is on the basis

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of the “last seen” theory that the petitioners are said to be chargesheeted though it is a strong circumstance on which conviction could be based, unless it is supported by other circumstances that by itself would not enable the prosecution to prove its case beyond all reasonable doubt. If that be the premise to hold that the petitioners would not be entitled for bail. In the absence of another circumstance evident from the record is not tenable. In that, the woman Sundari who is said to be the reason for the enmity and death having been caused, has

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not even been examined by the investigating authorities. There is no statement made by the Sundari on record. Therefore to accept the allegations merely on the say of the eyewitnesses would be unfair to the accused. Though it may be possible for the prosecution to prove its case at the trial. The petitioners have made out a case for bail in the meanwhile. Accordingly, the petition is allowed.

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The petitioners shall be enlarged on bail, subject to the following conditions:

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i. The petitioners shall furnish a self-bond each or a sum of �50,000/- with a solvent surety each for a like sum, to the satisfaction of the court below.

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ii. The petitioners shall not leave the jurisdiction of the Court below, without the leave of the court.

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iii. They shall not in any manner, seek to tamper with the prosecution evidence.

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iv. They shall make themselves available for investigation and fully cooperate with the investigating agency.

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v. The petitioners shall attend the court below on all dates of hearing in the proceedings that would ensue.

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Sd/JUDGE

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msr

Sanjeev Kumar S/O Chandrash Tippankar Bhavan and Ors. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar S/O Chandrash Tippankar Bhavan and Ors. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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