MURALI S/O. NARAYANASWAMI Vs. STATE BY VIJAYAPURA POLICE STATION REP. BY SPP HIGH COURT BUILDING BANGALORE

JUDGEMENT

(1.) THIS petition is filed seeking bail in Crime No.22/2011 of Vijayapura. police station registered on 07.02.2011 for the offences punishable U/s.302 and 201 of IPC. Police have conducted the investigation and filed the charge sheet against three persons including the petitioner who is shown as Accused No.1 for the offences punishable U/s. 120 -B, 302, 201 r/ w Sec 34 of IPC.

(2.) THE complaint was lodged on 07.02.2011 by one Kishore Kumar, brother of the deceased, Ghandrashekhar alleging that, on 06.02.1011 at about 7.30 p.m., deceased has gone out of the house and has not returned. On 07.02.2011, at about 9.30 a.m., when the complainant went to the police station to give complaint regarding missing of his brother, it was disclosed that, dead body of a mate person aged about 55 to 60 years was found near the Bullaballi railway gate. On verification, it was found that the dead body is that of the deceased, Chandrashekhar, On registration of the complaint for the offence of murder, investigation commenced. During investigation, police have recorded the statement of one Shivanna, who has stated that, on 06.02.2011, petitioner was found driving the auto rickshaw in which the deceased was sitting. Police have further questioned one Sri. Neelakantappa, who has seen the deceased in the auto rickshaw on the date of offence. Both. Shivanna and Neelakantappa have identified the auto rickshaw in which the deceased and accused were going on the basis of the advertisement put on the auto rickshaw. The said auto rickshaw has been seized and its owner has claimed the auto rickshaw. It is further that one shopkeeper has stated that, on 06.02.2011). at about 6,00 p.m., this petitioner and others had purchased a razor blade from the shop. The auto rickshaw has been seized in which blood stains were found.

(3.) THE learned. counsel for the petitioner submits that, the circumstances above narrated are not sufficient to hold that, the petitioner has committed murder of the deceased.