Vous êtes sur la page 1sur 6

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


DATED THIS THE 20th DAY OF MARCH 2015
BEFORE
THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION No.1052/2015
BETWEEN:
MANJU NAIKA @ MANJU,
S/O. LATE SIDDARAJU,
AGE : 35 YEARS,
BUSINESSMAN,
R/AT 11TH WARD,
NAYAKAS STREET,
GUNDLUPETE TOWN,
CHAMARAJANAGARA DISTRICT,
PIN: 571 313.
(NOW DURESS AT DISTRICT PRISON,
CHAMARAJANAGAR)
...PETITIONER
(BY SRI. SHIVA PRASAD Y.S. ADV.)
AND:
THE STATE OF KARNATAKA,
BY GUNDLUPETE P.S.
(CHAMARAJANAGAR),
BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE-560 001.
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)

THIS CRL.P. IS FILED UNDER SECTION 439 OF


CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CRIME NO.104/2014 OF GUNDLUPET POLICE
STATION,

CHAMARAJANAGARA

DIST.,

FOR

THE

OFFENCES P/U/S.302 OF IPC.


THIS CRL.P. COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:ORDER
Heard the learned counsel for the petitioner and
the learned Government Pleader for the respondent
Police. Perused the records.

2.

The petitioner is the sole accused in a crime

bearing SC No.2/2015 on the file of FTC at Kollegala at


Chamarajanagara, arising out of Crime No.104/2014 on
the file of Gundlupete Police Station. He has been in
judicial custody since July 2014. Offence alleged
against the petitioner is punishable under Section 302
of IPC. Hence, he has filed regular bail under Section
439 of Cr.P.C.

3.

The

learned

Government

pleader

has

vehemently opposed the bail application on the ground


that prima facie material is forthcoming against this
petitioner in regard to the involvement in the murder of
deceased Sridhar.

Further allegation against this

petitioner is that he murdered Sridhar on 01.07.2014 in


a godown at Gundlupete Town. A case came to be
registered on 02.07.2014 on the first information lodged
by

Smt.

Mani

wife

of

the

deceased.

Learned

Government Pleader further argued that it is too


premature to disbelieve the extra judicial confession
stated to have been made by the accused to CW-13
Nagendra Kumar on 10.08.2014, though as a belated
one, the same cannot be disbelieved at this stage.

4.

After going through the recorded statements,

the main circumstance recorded by the police is the


extra

judicial

confession

of

the

made

to

CW-13

Nagendra Kumar in regard to the murder of Sridhar. It

is true that extra judicial confession is admissible in


evidence and it can be a strong circumstance. Judicial
confession would be a weak evidence and this will have
to be considered in the light of delay in making such
statement or recording the statement by the police of
CW-13. The petitioner has already co-operated with the
I.O. in conducting the investigation. Charge sheet has
already been filed. He is a permanent resident of
Gundlupete Town, having roots in the community. He
has undertaken to obey any condition that may be
imposed on him. Thus, the apprehension of the learned
Government

Pleader,

who

has

opposed

the

bail

application, could be suitably met with by imposing


proper conditions. Hence, the petition is to be allowed.

5.

Thus, the petitioner is entitled to be released

on bail. Hence the following:


ORDER
(i)

Petitioner shall be released on bail on


his executing a personal bond for a sum

of Rs.1,00,000/- with one surety, for the


likesum

to

the

satisfaction

of

the

concerned Court.
(ii)

He shall not tamper or attempt to


tamper any of the prosecution witnesses
and lure them in any manner.

(iii)

He shall not hold out threats to the


prosecution witnesses.

(iv)

He shall not involve in any of the


criminal activities.

(v)

He shall attend the respondent - police


station once in a month on every second
Sunday between 9 a.m. & 5 p.m.,
without fail, from the date of his release
till

the

witnesses

examination
by

the

of

material

Concerned

Court

whichever is earlier.
(vi)

It is made clear that for any reason,


violation of any of the above conditions,
would enable the prosecution to seek
cancellation of bail.

(vii)

Any observation made by this court


while

disposing the

bail application

shall not influence learned Judge in


trialing the case.

Sd/JUDGE
snc