RAMESH MUTTAPPA HONNEK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for regular bail under section 439 of Code of Criminal Procedure, 1973 in Crime No.151/2019 of Kalaburagi Rural Police Station, registered for the offences punishable under sections 302 , 201 of Indian Penal Code, 1860 (hereinafter for brevity referred to as ' IPC ').

(2.) The charge sheet allegation against the present petitioner is that since the deceased Sidharoodh refused to pay back the alleged loan amount of Rs. 1,00,000/- alleged to have been borrowed by him from the accused, the said accused between 11.00 p.m. on 22.05.2019 and 12.00 noon on 23.05.2019 assaulted the deceased with a metallic salike (an iron plate like instrument with wooden handle to it used by the construction worker and garden maintenance for pooling the mud, soil, etc.) and caused his murder. While leaving the place he took with him the cell phone of the deceased, his motor cycle and in order to destroy the evidence, he threw the metallic salike in the overhead tank of the house where the deceased was residing and thus has committed the offences punishable under sections 302 and 201 of IPC.

(3.) Learned counsel for the petitioner/accused, in his argument, submitted that the alleged recovery of the motor cycle was three months after the incident, however, no explanation is placed by the prosecution as to how come the said motor cycle which was said to have been parked in a railway station parking area was not noticed by anyone. He further submitted that the alleged weapon used for the commission of the crime, since was said to have been put in the water tank where it is said to have remained nearly three months, then there cannot be any blood stain upon it. Further stating that the accused is in judicial custody since 02.08.2019 and since the charge sheet has already been filed, there is no necessity for continuation of the accused in judicial custody, the counsel prays for his enlargement on bail.