SATISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.1 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.15/2019 of Nipani Basaweshwar Police Station, Belagavi, for the offences punishable under Sections 302 , 201 and 120B of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sections 3(2)(v)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(2.) The case of the prosecution is that the complainant who was working as the ASI of Basaweshwar Chowk Police Station, Nippani, was informed by one Sri. Ajit Goursihankar Pol that the petitioner had summoned his elder brother namely Aravind Gourishankar Pol over phone and since then i.e. since 12.00 noon of 31.03.2019, the said Aravind Gourishankar Pol was missing. It is further alleged that during investigation and interrogation the petitioner- accused No.1 and accused No.2 confessed that they had called said Aravind to the house of the petitioner's grandmother and after intoxicating said Aravind, they have murdered him and have taken the ornaments and money from the body of the deceased. After investigation, charge sheet has been filed for the aforesaid offences and a case came to be registered in S.C. No.189/2019 on the file of the learned II Additional District and Sessions Judge, Belgaum. The petitioner filed bail application and the learned Sessions Judge dismissed the same by order dated 30.01.2020. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner/accused No.1 and the learned High Court Government Pleader for the respondent-State.