(Prayer: This Crl.P is filed under Section 439 of Cr.PC (filed u/S 483 BNSS) praying to release the petitioner on Bail Who is accused in Cr.No.367/2022 (S.C.No.66/2023) registered by respondent Ajjampura P.S. for the offence p/u/S 302,201 of IPC now pending on the file of the I Addl. District and Sessions Judge at Chikkamagaluru.)

Oral Order

1. Accused in SC No.66/2023 pending before the Court of I Additional District and Sessions Judge, Chikkamagaluru arising out of Crime No.367/2022 registered by Ajjampura Police Station, Chikkamagaluru for offences punishable under Sections 302 and 201 of IPC is before this Court, in this petition, filed under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for the Parties.

3. FIR in Crime No.367/2022 was registered by Ajjampura Police Station, Chikamagaluru for the offence punishable under Section 302 of IPC against unknown persons based on the first information dated 26.12.2022, received from Basavaraj, who is the owner of the property, in which accused and his wife, who is the deceased in the present case, were working. During the course of investigation, petitioner herein was arrested on 28.12.2022 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. The bail application filed before the Trial Court in S.C.No.66/2023 was rejected on 23.11.2023. Therefore, he is before this Court.

4. Perusal of the material on record would go to show that the petitioner and his wife Indramma, who is the deceased in the present case, were working as agricultural labourers in the property belonging to Basavaraj, who is the first informant in the present case and they were allegedly staying in a shed in his property. On 26.12.2022, Basavaraj had gone near the said shed and found that the door of the shed was locked from outside. When he peeped inside, he saw the dead body of Indrama and immediately, thereafter, he informed the police and FIR was registered against unknown persons for the aforesaid offences.

5. During the course of investigation, petitioner was arrested on 28.12.2022 and after completing the investigation, charge sheet has been filed against him for the aforesaid offences. As per the charge sheet allegations, on 25.12.2022, the deceased Smt. Indramma, who had gone out, had returned home with CW12. Petitioner allegedly was opposing his wife's relationship with CW12 - Hanumantha and after seeing Indramma, returning home on the motorbike of Hanumantha, petitioner allegedly quarrelled with her and on the intervening night of 25.12.2022 and 26.12.2022, he allegedly assaulted her inside the shed with a wooden club and committed her murder. Thereafter, he had locked the shed from outside and had escaped. Though CW12 is cited as an eye witness to the incident in question, his statement recorded during the course of investigation would go to show that he had only seen accused No. 1 and his wife Indramma quarreling with each other and after advising them, he had left the spot of crime.

6. It is not in dispute that petitioner has no other criminal antecedents. He is in custody for the last more than three and a half years. Out of the 36 charge sheet witnesses cited in the present case, till date, only 4 charge sheet witnesses have been examined. Learned counsel for the petitioner has brought to the notice of this Court that some of the witnesses who are examined have turned hostile to the case of the prosecution. Be that as it may, fact remains that petitioner who has no criminal antecedents is in custody for the last more than three and a half years. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively considering his period of incarceration. Accordingly, following:

ORDER

          The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.367/2022 registered by Ajjampura Police Station, Chikkamagaluru registered for offences punishable under Sections 302 and 201 of IPC, subject to the following conditions:

          a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties 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 involve in similar offences in future;

          e) 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.