SAHIL ISMAIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking to be enlarged on bail in connection with his arrest pursuant to proceedings in Crime No.260/2017 registered for the offence punishable under Sections 143 , 147 , 341 , 363 , 364 , 302 , 201 , 212 , 468 , 120B , 37 read with 149 of IPC.

(2.) It is submitted that the complaint was registered initially for the offence punishable under Section 363 of IPC against accused Nos.1 and 2. Complaint came to be submitted by the father of the deceased stating that his son was kidnapped by accused Nos.1 and 2 and necessary steps are to be taken to trace his son. During the course of investigation there was recovery of bones, which according to the investigating authorities, belongs to that of the deceased, pursuant to which charge sheet came to be filed implicating the accused.

(3.) Learned counsel for the petitioner submits that investigation is completed and charge sheet has been filed, that there are no eye witnesses, that there was no DNA testing and hence, there is no evidence to establish that the bones recovered was that of the deceased, who is the son of the complainant. It is further submitted that there are no eye-witnesses, the case rests on circumstantial evidence and on the alleged voluntary statement of accused Nos.3 and 4, which are inadmissible.