S Vishwajith Shetty, J
1. Accused in S.C.No.1081/2022 pending before the Court of LVI Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.21/2022 registered by Yelahanka Police Station, Bengaluru for offences punishable under Sections 302, 397, 201, 411 of IPC is before this Court under Section 439 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. F.I.R. in Crime No.21/2022 was registered by Yelahanka Police Station, Bengaluru, against the petitioner herein initially for offences punishable under Sections 201, 397, 302 of IPC, on the basis of the first information dated 20.01.2022 received from Devaraja s/o late Muniraju, who is the son of deceased-Siddamma. During the course of investigation, petitioner was arrested on 24.01.2022 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed for the aforesaid offences. Petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.5090/2022 was rejected on 02.07.2022. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that petitioner has no criminal antecedents and he is in custody for the last more than two and half years. He submits that case of the prosecution is based on circumstantial evidence. Accordingly, prays to allow the petition.
5. Per contra, the learned HCGP has opposed the petition. She submits that dead body of the deceased was found in the house of the petitioner and also the jewelry of the deceased has been recovered at the instance of the petitioner. Accordingly, she prays to dismiss the petition.
6. In the first information dated 20.01.2022 it is averred that first informant's mother was visiting the house of the petitioner and taking native treatment from him for her illness. On 20.01.2022 first informant's mother who had gone out of the house had not returned home. When the first informant tried to contact her over phone, she had not picked up his call. At about 5.00 pm on the said date, wife of the petitioner herein came to the house of the first informant and informed that the dead body of the first informant's mother was lying on the cot in their house. Immediately thereafter, first informant went to the house of the petitioner and after seeing the dead body and also noticing that the jewelry which his mother was wearing were missing, he had approached the Police and submitted first information, based on which F.I.R. in Crime No.21/2022 was registered against the petitioner.
7. During the course of investigation petitioner was arrested on 24.01.2022 and remanded to judicial custody. In the charge sheet it is stated that petitioner had committed the murder of deceased-Siddamma for gain and at the instance of the petitioner, jewelry which the deceased was wearing was subsequently recovered. The entire case of the prosecution is based on circumstantial evidence. Petitioner who has no other criminal antecedents is in custody from 24.01.2022. Trial in the case is yet to commence. Prosecution in all has cited 51 charge sheet witnesses in the present case and therefore, chance of trial being completed in the near soon is very remote. Under these circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in S.C.No.1081/2022 pending before the Court of LVI Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.21/2022 registered by Yelahanka Police Station, Bengaluru for offences punishable under Sections 302, 397, 201, 411 of IPC subject to the following conditions:
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties including one local surety for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off;
e) The petitioner shall not involve in similar offences in future.
