In a development concerning a sensational murder case, the LX Addl. City Civil & Sessions Judge, Bengaluru, on June 24, 2022, granted regular bail to Bhaskar, the first accused (A-1), in connection with the murder registered at Byatarayanapura Police Station as Crime No. 290/2021. The order, issued in Criminal Miscellaneous Petition No. 6068/2022, was primarily based on the principle of parity, as a co-accused facing similar allegations had already secured bail from the High Court of Karnataka.
Bhaskar, S/o Late Parushuram, a resident of Kasturba Nagar, had filed the bail application under Section 439 of the Code of Criminal Procedure (Cr.P.C.) after being charged with a series of serious offences, including unlawful assembly (Sec. 143), rioting (Sec. 147), rioting armed with deadly weapons (Sec. 148), criminal conspiracy (Sec. 120B), and murder (Sec. 302), all read with common object (Sec. 149) of the Indian Penal Code (IPC).
The core of the prosecution’s case, as detailed in the first information report (FIR), revolves around the calculated murder of the deceased, Chandrashekhar, also known as Shekar. The incident, which took place on October 22, 2021, at approximately 6:15 p.m., began when A-2 allegedly called the deceased to lure him to a specific location near Siddartha Wine Store, Muneshwara Block, under the pretext of a conversation.
The FIR states that A-2 to A-4 subsequently took Chandrashekhar in an auto to a spot near Nice Road, behind Jain Hospital, with the intent to murder him. The horrific sequence of events involved the use of deadly weapons. A-4 was instructed to restrain the deceased, A-3 allegedly put chilly powder on the victim’s face and ordered assaults with a dagger, and A-2 was handed a dagger to participate. Crucially, the petitioner, Bhaskar (A-1), along with A-5, was allegedly tasked with keeping watch from a distance and notifying the main perpetrators if anyone approached the murder spot.
The main assault was allegedly executed by A-2 and A-4, who inflicted multiple injuries on the victim’s face, nose, head, and hands with a knife and dagger. The murder was concluded when A-2 reportedly placed a heavy stone upon the deceased, resulting in his death, before the accused fled the scene. The complaint was lodged by the deceased’s sister.
In his bail plea, the petitioner, Bhaskar, staunchly asserted his innocence, claiming he was falsely implicated due to “some political influence.” His defence emphasized that he neither went to the alleged spot nor participated in the assault. He further argued that he had no prior plan, motive, or intention to commit the murder. The petition also highlighted that continued judicial custody would cause hardship to his family, for whom he is the sole breadwinner, and that the case disposal would take a considerable amount of time.
The Learned Public Prosecutor vehemently opposed the application, reiterating the heinous nature of the offence, which is punishable with death or life imprisonment. The prosecution voiced the standard concerns that if released on bail, Bhaskar might commit similar offences, threaten the witnesses, and destroy crucial evidence, hence praying for the rejection of the bail.
The Court acknowledged that the investigation was complete and the charge sheet had been filed on January 22, 2022, against five accused, including the petitioner. The key consideration for the Court lay in the specific role attributed to A-1. As per the prosecution’s own charge sheet, the allegations against Bhaskar (A-1) and A-5 were “para-materia same,” meaning identical in all material respects.
The charge against A-1 and A-5 was not that they were equal participants in the physical act of murder, but that they “aided the commission of offence” by standing at Veerabhadra Nagara Main Road, watching for any approaching persons near the murder spot on Nice Road. Their alleged role was that of lookouts, at a distance from the main scene of the crime, and they were also implicated for using a two-wheeler belonging to a witness (C.W.21) to reach their assigned location.
The deciding factor in the Court’s ruling was the precedent set by the Hon’ble High Court of Karnataka, which had already enlarged A-5 on bail in Criminal Petition No. 2739/2022. The Court reasoned that since the allegations against Bhaskar (A-1) and A-5 were essentially the same, the principle of parity dictated that A-1 should also be granted the benefit of bail. The Court noted that conspiracy, which is alleged against A-1, must be proved during the course of the trial.
Consequently, the Court allowed the bail application, concluding that conditions could be imposed to address the prosecution’s legitimate apprehensions. Bhaskar was ordered to be released on bail, subject to executing a personal bond for a sum of Rs. 2,00,000/- with two sureties for the like sum.
Conditions imposed for the grant of bail include:
- The petitioner shall not indulge in tampering with the prosecution witnesses.
- The petitioner shall appear before the Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
- The petitioner shall not leave the jurisdiction of the Court without prior permission until the case against him is disposed of.
This order ensures the petitioner’s liberty while imposing necessary restrictions to safeguard the judicial process. The case will now proceed to trial, where the prosecution will be required to substantiate the charges, including the complex element of criminal conspiracy, against all five accused.