AMBRESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed this petition under Section 439 of Code of Criminal Procedure seeking grant of bail in C.C.NO.06/2020 (Santhapur Police Station Crime No.94/2019) for the offences punishable under Sections 364, 302 and 201 read with Section 149 of Indian Penal Code pending on the file of Additional Civil Judge (JR. DN) and JMFC Court, Aurad Dist: Bidar

(2.) The brief contention of the petitioners is that complaint was lodged by one Pandharinath, Head Constable, Santhapur Police Station, alleging that he came to know from one infomant that in the forest area located by the side of Wadegaon - Koutha-B road, some miscreants after committing the murder of a male person have set fire with intention to cause loss of evidence and foul smell is emerging from that area. Then immediately, he went to the spot, he found bones and burnt cloths. He suspected that the body of a male person was burnt in that spot about 8-9 days back with intention to cause disappearance of evidence. So, the FIR came to be registered in Crime No.94/2019 against unknown persons for the offences punishable under Sections 364, 302 and 201 of Indian Penal Code. It is further alleged that during the investigation the Investigating Officer came to know that on 21.09.2019 during night hours the deceased-Kallappa had been to the house of Dashrath and misbehaved with the women members of that family. Out of that grievance, these petitioners have caught Kallappa, tied his hands and legs and by assuring the public that, they would take him to police station, took him in a Tractor, done him to death and with intention to cause disappearance of evidence, set it fire. Thereafter, accused have given confession statement stating that the deceased went to the hotel of one Sharanappa and also Dhulappa kirani shop and harassed them. Then he also went to the house of one Dasarath Yaranale with a knife, chilly powder and rod and assaulted his children. On 21.09.2019 early morning Dasarath informed this to the petitioners that the said Kallappa assaulted the ladies of his house who were sleeping. All the petitioners went there and they found that Kallappa was tied in the house of Dasarath with a rope. Then they enquired the deceased, he started abusing the persons gathered there and also abused the petitioner. So the petitioner No.1 and his brother all of them took the Kallappa in their Tractor bearing No.KA-38-T-3755, Trolley NO.KA-38-T- 3754 and they intended to take him to Santhapur Police Station and hand over him.

(3.) It is further the case of the prosecution that this accused in their further voluntary statement stated that near Forest at Allur-B Shivara, they got down Kallappa from the Tractor and made him to lay into the ground and they drove the Tractor tyre on him, then he was hanged then returned to their house. Then on the same day night and all the petitioners purchased the petrol and brought down the body of the deceased and poured petrol on it and set fire. So based on this, the charge sheet came to be filed against the accused. The petitioners have contended that they are innocent. The alleged kidnap has taken place on 21.09.2019 and the missing complaint was lodged on 03.10.2019, bones and clothes of the deceased were found on 09.10.2019. These petitioners were deliberately and with malafide intention involved in this crime without any material.