Case Note & Summary
The applicant, Appaso @ Kumar Kallappa Kumasage, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking release in connection with C.R. No.135 of 2018 registered at Sanjay Nagar Police Station, District Sangli, for offences punishable under Sections 302 and 201 read with 34 of the Indian Penal Code, 1860. The case arose from an incident on 17 July 2018 at New Ratna Delux Hotel in Miraj, where the deceased Samadhan Mante was assaulted by one Jakir Ajmuddin Jamadar and two associates following a quarrel. The first informant, Balkrishna Katkar, a barman at the hotel, stated that after the assault, the deceased fell outside the hotel in a pool of blood, and due to rain water mixing with blood, the body was shifted outside the hotel gate by the informant and other staff. The applicant, who was the owner of the hotel, was not present at the time of the incident. The prosecution alleged that the applicant instructed the manager to keep the dead body outside the gate, thereby committing an offence under Section 201 IPC. The court noted that the FIR did not prima facie indicate that the applicant gave such instructions, and even if assumed, there was no evidence of intent to cause disappearance of evidence. The court held that the applicant was not an assailant nor alleged to have assisted in the crime, and his mere ownership of the hotel did not establish involvement. Considering the lack of prima facie case and that the applicant was not required for further investigation, the court granted bail on certain conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Prima Facie Case - Applicant, owner of hotel where murder occurred, was not present and not alleged to be assailant or abettor - Only allegation is that he instructed manager to shift dead body outside gate - FIR does not prima facie support this allegation - Held that applicant is entitled to bail as there is no prima facie case of murder or destruction of evidence (Paras 4-7).
Issue of Consideration
Whether the applicant, who was not present at the scene and only allegedly instructed shifting of the body, should be granted bail under Section 439 CrPC for offences under Sections 302 and 201 IPC.
Final Decision
The application is allowed. The applicant is directed to be released on bail on executing a PR bond of Rs.25,000/- with one or two sureties in the like amount. The applicant shall not tamper with evidence or influence witnesses and shall attend the trial regularly.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Section 201 IPC
- Section 302 IPC
- Role of accused
- No direct involvement
