ISMAIL KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C., to enlarge the petitioner/accused No.2 on bail in Cr.No.118/2021 of Basavapatna Police Station, Davanagere District for the offences punishable under Ss. 302 , 201 , 120(B) read with Sec. 34 of IPC.

(2.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

(3.) This is a successive bail petition filed by the petitioner/accused No.2. The learned counsel for the petitioner would submit that earlier i.e., on 27/1/2022, this Court not passed an order on merits against this petitioner. The said submission cannot be accepted. This Court while considering the bail petition of this petitioner and also the other accused in paragraph No.6 discussed in detail that, it is important to note that the body was recovered at the instance of accused Nos.2 and 3 after the lapse of eight days of the alleged incident and the body was buried under the earth and also the statements of witnesses i.e., last seen witnesses have been recorded after the lapse of 45 days of the recovery of the body, and also given the reason that the same cannot be a ground to disbelieve the case of the prosecution at this stage and the same has to be tested in trial. This Court considered the bail petition of this petitioner on merits and also observed that when the body was discovered at the instance of this petitioner and accused No.3, it is not a case for granting bail.