IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 25” DAY OF JANUARY 2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAI PETITON No.8127/2010 BETWEEN: Shri. Mohammed Altaf, S/o. Ibrahim Khan, Age: 32 years, 0cc: Driver, Rio. Azad Nagar, Gouli Masters Street, Bundar Road, 2t Cross, Bhatkal, Dist: Uttar Kannada. . . . Petitioner (By Shri. A.S.Patil, Advocate) AND: The State of Karnataka, Reptd. By Bhatkal Town P.S., Now By S.P.P., Circuit Bench. Dharwad. .. . Respondent (By Shri. Anand Kurnar Navalgimath, Government Pleader) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, seeking to grant bail and enlarge the petitioner in Crime No.1 08/2009 registered by Bhatkal Police for the offence punishable under Section 302 of the Indian Penal Code. 2 This petition coming on for orders this day. the Court made the following: ORDER Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The facts briefly stated are as follows: It is the case of the prosecution that the petitioner herein was having an illicit relationship with one Sukri wife of Masti Gonda of Bhatkal. It is alleged that on 30.07.2009, when Sukri was alone in her house, the accused was said to have visited her to have sexual intercourse with her and she purchased liquor with the money provided by him and both of them consumed the liquor. After that she refused to have sex with him unless he paid a further amount of money to her. The accused being enraged. assaulted her with a stick and caused bleeding injuries. Thereafter, throttled her and crushed her head with a grinding stone and having thus injured her severely, he had left the place. It transpires at 05:30 p.m. when the husband of Sukri came home and saw her lying with the above injuries, with the help of neighbours, he shifted her to the Government Hospital, Bhatkal and thereafter, lodged a case with the Bhatkal Police Station, During investigation it transpires that the accused was arrested and on the basis of the voluntary statement of the petitioner, the Police and the panch witnesses were lead to the house of Sukri. where the stick used for assaulting Sukri and other material were seized. The Police thereafter, filed a charge sheet. The petitioner having approached the Court below seeking bail, the Court has rejected the same, on the ground that immediately upon arrest, the accused made a voluntary statement and led the Police to the spot to enable them to recover the incriminating material. The incident having occurred on 30.07.2009, the victim had expired on 05.08.2009 after sustained treatment. It is thereafter, that the accused was arrested. The Court below has taken a view, that the offence is a heinous one and that the enlargement of the petitioner on bail would lead to a likelihood of the petitioner tampering with the prosecution case. Therefore, having regard to the circumstantial 4 evidence on record, it was held that the petitioner had not made out a case for grant of bail. 3. The learned counsel for the petitioner would submit that there are no eyewitnesses to the incident. There was no statement of any witnesses to urge that there was circumstantial evidence to establish that the petitioner was having an illicit relationship with the deceased. The petitioner is a married man with two young children and aged parents to take care of. And the vague allegations against the petitioner being the alleged voluntary statement by himself would not be sufficient to hold that a prima facie case had been made out and since it would be the subject matter of trial, the petitioner ought to be enlarged on bail. 4. On the other hand, the learned Government Pleader would oppose the consideration of the petitioner’s pension, on the footing that firstly, the voluntary statement of the petitioner requires to be taken into consideration. Secondly, there are statements of witnesses namely the son of the deceased aged 13, who has stated that the accused frequently g 5 visited his mother and therefore, the innocent child’s evidence cannot be lightly negated and therefore, a case ofcircumstantial evidence is made out against the petitioner being involved. Hence, he would oppose the grant ofbail. 5. It is not on record that the son ofthe deceased had actually seen the petitioner enter the house or being in the company of his mother on the day of the incident The child’s statement that the petitioner was visiting his mother constantly would not establish the link of the petitioner having committed the offence. The fact that there was a voluntary statement of the petitioner and that had led to the recovery of the weapon with which the offence was allegedly committed would not incriminate the petitioner to deny him bail. In the opinion of this Court, a case has been made out for enlargement on bail of the petitioner on terms and conditions. Accordingly, the petition is allowed. The petitioner shall be enlarged on bail subject to the following conditions: 6 1) Heshallfurnishapersonalbondforasum of25,OOOI-, with a solvent surety for a like sum, to the satisfaction ofthe trial Court. 2) He shall make himself available to the Investigation Officer as and when required for the purposes of investigation. 3) He shall not leave the jurisdiction ofthe trial Court without seeking leave ofthat Court. 4) He shall not seek to induce or threaten the prosecution witnesses. 5) He shall attend the trial Court on all dates of hearing without fail subject to the Court granting exemption for good and valid reason. Sd! Rsh JUDGE