The intention to murder is a key element of the offense of murder, and the absence of such intention may lead to a lesser charge.

Accused Nos.1 and 2 in S.C.No.15033/2023, pending

before the Court of V Addl. District & Sessions Judge at

Devanahalli, Bengaluru Rural, arising out of Crime

No.69/2023 registered by Vishwanathapura Police Station,

Bengaluru, for the offence punishable under Section 302

read with Section 34 of IPC, are before this Court under

Section 439 of Cr.P.C.

Heard learned counsel for the parties.

3.

FIR in Crime No.69/2023 was registered by

Vishwanathapura Police Station, Bengaluru against the

petitioners on the basis of the complaint lodged by one

M.Prema wife of Narayanaswamy on 24.05.2023. During

the course of investigation in the case, the petitioners

were arrested on 25.05.2023 and remanded to the judicial

custody. Investigation is completed and the charge sheet

has been filed. The bail application filed by the petitioners

before the trial Court in Crl.Misc.No.15347/2023 was

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rejected on 20.10.2023. Therefore, they are before this

Court.

4.

Learned counsel for the petitioners reiterating the

grounds urged in the petition prays to allow the petition.

5.

Learned HCGP opposed the bail application.

6.

The material on record would go to show that

accused No.1 had ill-will against deceased Pradeep since he had

spoken ill about the wife of accused No.1 and he also had

allegedly stated that he was the father of second son born to

the wife of accused No.1. On 24.05.2023, at about 2.00 p.m.,

accused Nos.1 and 2 allegedly had fought with deceased

Pradeep and in the incident that has taken place at about 7.00

p.m. on the said date, accused Nos.1 and 2 had allegedly

assaulted Pradeep with their hands and kicked with their legs

and when Pradeep tried to escape, accused No.1 assaulted

Pradeep with a broken beer bottle on his hand and caused him

injury. When Pradeep started shouting, accused Nos.1 and 2

had left the spot. Thereafter, Pradeep was shifted to hospital

by CWs.1 to 3. However, he died in the hospital due to excess

bleeding. The post-mortem report would go to show that

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Pradeep had suffered only one grievous injury on his hand.

The post-mortem report states that the death was due to shock

and hemorrhage as a result of sharp injury sustained on the left

upper limb. The injury suffered by the deceased is not on any

vital part of his body. Therefore, a doubt arises whether the

accused persons had an intention to murder Pradeep. Even

otherwise, after assaulting on his hand, the accused had left

the place. Investigation in the case is completed and charge

sheet has been filed.

7.

Undisputedly,

the

petitioners

herein

have

no

criminal

antecedents

and

they

are

in

custody

since

25.05.2023. Major portion of the investigation has been

completed in this case. Under these circumstances, I am of

the opinion that the petitioners have made out a case for

grant of regular bail. Accordingly, I pass the following:

ORDER

(i)

The petition is allowed.

(ii)

The petitioners are directed to be enlarged on bail in

Crime No.69/2023 registered by Vishwanathapura Police

Station, Bengaluru, for the offence punishable under

- 5 -

Section 302 read with Section 34 of IPC subject to the

following conditions:

(a)

Petitioners shall execute personal bond for a sum of

Rs.1,00,000/- (Rupees One Lakh only) with one

surety for the likesum, to the satisfaction of the

jurisdictional Court;

(b)

The petitioners 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 petitioners shall not directly or indirectly

threaten or tamper with the prosecution witnesses;

(d)

The petitioners shall not leave the jurisdiction of the

Trial Court without permission of the said Court until

the case registered against him is disposed off.

(e)

The petitioners shall not involve in similar offences in

future.

Sd/-

JUDGE

S*