MUNIVENKATAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for enlargement on bail in Crime No.113/2019 of Basavanagudi Police Station, Bengaluru pending on the file of the LXIII Additional City Civil and Sessions Judge, Bengaluru for the offence punishable under Sections 302, 201 read with Section 34 of IPC.

(2.) It is alleged that one Smt. Reshma had initially lodged a complaint on 25.06.2019 stating that her husband is missing from 10.00 a.m on 25.06.2019. Subsequently, on 29.07.2019 she approached the police authorities contending that she suspected the petitioner is involved in the disappearance of her husband and requested the police to investigate the matter, more so when she alleged that her husband and the petitioner herein had an illicit relationship with one Smt. Gangamma and the petitioner on coming to know of the same, might have probably murdered her husband. Subsequent to the registration of the said complaint, it is alleged that the body of the deceased was recovered at the instance of the petitioner so also, it has been alleged that the weapon used during the course of the murder being an iron rod was recovered at the instance of the petitioner. There is however contradiction as regards the dates in the spot panchnama stated to have been conducted on 30.07.2019. It is alleged that the murder has been committed with an iron rod that was recovered on the said day. However in the witness statement of Sri.Manjunath S, who was a panch witness, it is stated that the recovery of the body and iron rod was on 31.07.2019. The statement of another witness namely Smt. Kalavathi is also of relevance who claims to be an eye witness and states that she witnessed the petitioner murdering the deceased at 7.15 am on 25.06.2019. The investigation has been completed and chargesheet has been filed.

(3.) Sri.Mohan Kumar, learned counsel appearing for the petitioner would submit that the petitioner is not required for any custodial investigation and the petitioner having been in custody since 29.07.2019, ought to have been released on bail.