1. This criminal petition seeking bail is preferred by the accused in Crime No.151/2024 of Santhebennur Police Station, Davanagere registered for offences punishable under Sections 103(1), 3(5) of BNS, 2023.
2. Charge sheet is filed against the petitioner for the offence punishable under Section 103(1) of the BNS, 2023.
3. Heard the learned counsel for petitioner, the learned Additional SPP for the State and perused the materials on record.
4. It is alleged by the prosecution that accused/petitioner has committed the murder of one Santosh on 15.07.2024 at about 9.30 p.m. near HP Petrol Bunk, Santhebennur, Davanagere Road by assaulting him with a chopper, suspecting that he was having illicit relationship with his wife – CW-17.
5. Complaint is lodged by Nagaraju, brother of deceased Santosh. It is averred in the complaint that on 15.07.2024 at about 7.00 p.m. deceased left the house along with one Srinivasa and till 9.30 p.m. did not return and therefore, complainant went in search of his brother. Few persons who met him on the way informed him that his brother is lying on the road. When he went further, he saw his brother lying with bleeding injuries near HP petrol bunk. Srinivasa who was present at the spot informed him that the accused/petitioner who came on a Pulsar bike with two others committed the murder of his brother by assaulting him with chopper.
6. It is the contention of the learned counsel for the petitioner that the eye witnesses in this case are planted and there are discrepancies in their statements and therefore, their statements can not be believed. He contended that the prosecution has projected even CWs18 and 19, mother and wife of the complainant as the eye witnesses, but their statements clearly reveal that they were informed about the incident by the complainant. Therefore, it is contended that entire allegations against the petitioner are false and he has been falsely implicated in this case. He contended that the petitioner is presumed to be innocent till the guilt is proved and therefore, he may be enlarged on bail by imposing any conditions.
7. Per contra, learned Additional SPP opposed the prayer for bail contending that CWs-10 to 13 are eye witnesses to the incident and their statements clearly reveal that this petitioner has assaulted the deceased with a chopper and committed his murder. She contended, the witnesses have spoken about the motive and there is recovery of blood stained clothes and weapon at the instance of the petitioner, hence, there is a prima facie case against him and if he is released on bail, he may tamper with the prosecution witnesses and thereby hamper the case of prosecution.
8. The incident has taken place on 15.07.2024 between 9.30 to 9.45 p.m. Complaint is lodged by 11.00 p.m. on the same day, without any delay. In the FIR name of the accused is mentioned. Though complainant is not an eye witness to the incident, he has named one Srinivasa who informed him about the incident. The said Srinivas was along with the deceased when the incident took place. I have perused the statement of Srinivasa –PW-13 as well as the statement of CWs-10 to 13. Their statements clearly reveal that this petitioner has assaulted the deceased with chopper. As per final opinion, deceased died of haemorrhagic shock consequent upon head injury sustained. The deceased has sustained the following injuries:
“External wounds on the body: 1) There is a horizontally placed incised (clean cut) wound measuring 23cmx06cmxskull deep present over the right side of face and right side of head with clean cut right ear into two halves with exposed lacerated soft tissue structures and fractured corresponding skull bones. 2) There are two horizontally placed incised (clean cut) wounds measuring 06smx01cmxskull bone deep present over the back aspect of wound no 1 with front ends joining wound no 1 3) There is a horizontally placed incised (clean cut) wound measuring 06cmx01cmxvertebral bone deep present over the upper most part of back of chest below neck. 4) There is an abraded wound measuring 13cmx12cm present over the front of nose and forehead region. 5) There is an abraded wound measuring 2.5cmx2.5cm present over the front of right leg just below right knee joint. 6) Dislocation of right hip joint. The wounds are reddish in colour, antemortem in nature and within in 02 hours to 12 hours duration.”
9. After the arrest of accused, blood stained clothes and an iron chopper have been seized at his instance.
10. In view of the material on record, there is a prima facie case against the petitioner. Offence allegedly committed is heinous in nature, punishable with death or imprisonment for life.
11. In view of the nature and gravity of the offence, I am of the considered view that it is not a fit case to enlarge the petitioner on bail. Petition is accordingly dismissed.
