Doubts in the prosecution's case due to discrepancies in the investigation and witness statements influenced the court's decision to grant bail.

JUDGMENT

B.A.Patil, J. - The present petition has been filed by the petitioneraccused No.2 under Section 439 of Cr.P.C. to release him on bail in Crime No.31/2018 of Electronic City Police Station for the offences punishable under Sections 302, 120B R/w Section 34 of Indian Penal Code (pending on the file of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru).

2. I have heard the learned Senior Counsel Sri.Hashmath Pasha for Nasir Ali for the petitioner-accused and the learned High Court Government Pleader Sri.R.D.Renukaradhya for the respondent-State.

3. The gist of the complaint is that on 21.2.2018 at about 9.20 a.m. when the deceased Suresh along with his brother Sai Kumar and nephew Shivaji were watching to catch a bus in Electronic City area, the accused persons who were traveling in a bus saw them and immediately alighted from the bus with an intention to commit the murder of the deceased. It is alleged that there were several cases registered as against each other and they have fallen out while splitting the effects of committing dacoity and also on account of suspicion that each provided information to police about the other on account of which they were arrested on several occasions. It is further alleged that on 21.2.2018 the accused persons chased the deceased and his two companions. Due to fear, the deceased entered into a BMTC bus. The accused persons went inside the bus and they have assaulted the deceased with a small long and knives, because of the stab injuries, the deceased succumbed to the injuries. On the basis of the complaint a case has been registered.

4. It is the submission of the learned Senior Counsel for the petitioner that though the alleged incident has been informed to the police on 21.2.2018 at about 9.20 a.m. and has visited the spot, he has not got registered the FIR. He visited the place and thereafter he shifted the body to St. Johns hospital and at that time also he has not conducted the inquest mahazar. It is his further submission that PW15 the driver of BMTC bus and CW.16 the conductor of the bus went and informed about the said incident to the police and at that time also no case has been registered. It is his further submission that CW2 went and informed the police, but that information has also not been treated as a complaint, only when the son of the deceased visited the police station, at that time, on suspicion a case has been registered as against six persons. It is his further submission that not registering the case and subsequently after investigation of some part, registering the case itself creates a doubt in the case of the prosecution and the first information report itself is a questionable one. It is his further submission that when the inquest mahazar has been drawn and the post mortem has been conducted, at that time also the statement of the witnesses has not been recorded. It is his further submission that even in the case diaries recorded by the Investigating Officer on 5.6.2018, there is no reference of recording of the statement of the eyewitnesses Cws.2, 15 and 16. It is his further submission that CW.2 Muni Raju has not mentioned identity of the persons who entered into the bus and assaulted the deceased. It is his further submission that no suo-motu complaint has been registered by the Investigating Officer when he came to know that a cognizable offence has been taken place. It is his further submission that earlier CWs.2, 15 and 16 were considered as an eyewitness, only after sometime CWs.12 and 17 the co-brothers have been included as an eyewitness to the alleged incident. It is his further submission that the statement of the witnesses have been modulated in accordance with convenience to facilitate the case of the prosecution. It is his further submission that the requisition has been given for the purpose of identification of the accused on 14.6.2018, but as per the statements of the eyewitnesses they have identified the accused on 10.6.2018 its