ASHOKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.2 in Crime No.313/2021 of Hunusur Rural Police Station, Mysuru District, which is numbered as S.C.No.76/2022 on committal and the offences invoked against him under Ss. 120-B, 302, 201 read with Sec. 34 of IPC.

(2.) This is a successive bail petition. Earlier after filing of the charge-sheet both accused Nos.1 and 2 have approached this Court seeking for regular bail, the same has been considered on merits vide order dtd. 20/6/2022 in Crl.P.No.4072/2022.

(3.) The present petition is a successive bail petition filed by accused No.2, wherein, it is contended that the motive is attributed to accused No.1 only that he had illicit relationship with the wife of the deceased. According to CW-5, accused No.1 said to have called the deceased to his land by phone on 27/11/2021 and not by this petitioner. The allegation is also that accused No.1 said to have assaulted with club on head, which is the possible view of cause for death and no overt act is attributed to this petitioner. The recovery of dead body is not at the instance of this petitioner or accused No.1 because the place of burial of dead body was known to the complainant and many villagers, which is mentioned in the FIR. Therefore, the recording of voluntary statements of accused and showing recovery which was already known to many persons and the Police, the same is not admissible. For burial of dead body, there is no material as to presence of this petitioner at the relevant point of time and absolutely no incriminating circumstances against the petitioner. Though previously, the bail petition was considered by this Court, individual role of the petitioner was not considered and therefore, now the petitioner being innocent and no prima facie case, he is entitled for bail.