MAHADEV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for regular bail under section 439 of Code of Criminal Procedure in Crime No.188/2019 of Kalaburagi Rural Police Station, registered for the offences punishable under sections 302 , 201 of Indian Penal Code (hereinafter for brevity referred to as ' IPC ').

(2.) The charge sheet alleges that the present petitioner who is the sole accused in the crime was a lorry driver. The accused after hearing in his locality that the deceased Sidram Saradagi had established an intimate relationship with his wife, had caused his murder on the night of 25.07.2019 between 10.00 p.m. to 11.00 p.m. by taking him to a lonely place and assaulting him with a stone. After completion of the investigation, the police have filed charge sheet for the offences punishable under sections 302 , 201 of IPC.

(3.) Learned counsel for the petitioner submits that the entire case of the prosecution is based on the circumstantial evidence, still the circumstances relied upon by the prosecution is not sufficient even to make a prima facie case as against the accused. He submits that though the Investigating Officer claims to have relied upon the alleged confession of the accused before CW-6 and CW-12, such an alleged confession made in the presence of a Police Officer in the police station before other persons cannot be relied upon. He further submits that even in the said alleged confession there is an inordinate delay. Learned counsel also submits that the alleged last seen theory relied upon by the prosecution is also not sufficient to prove the case of the prosecution, as such, the petitioner deserves to be enlarged on bail.