M S KALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioners are seeking bail after having been unsuccessful before the court of sessions, kodagu district. Petitioners and one chikkamma, wife of the deceased rangaswamy were arrayed as accused persons in SC no. 23 of 1991 on the file of the sessions judge, madikeri for offences under sections 302 and 301 r/w section 34, ipc. Chikkamma was enlarged on bail. The accused persons and the deceased rangaswamy were All class iv employees in the court of the cjm, madikeri.

(2.) the case of the prosecution is that accused no. 1 committed the murder of thedeceased by inflicting injury on the head, petitioners 2 and 3 removed the dead body to a place called 'raja seat' with an intention to cause disappearance of the dead body. The motive for the murder being that the petitioners had illicit connection with the wife of the deceased, namely chikkamma and that the deceased was resisting it. The scene of occurrence was in the court premises, the motive for murder was illicit connection with the wife of the deceased, the death was due to injury on the head; that petitioners and chikkamma made extra-judicial confessions during investigation and c.ws. 12 & 13 are material witnesses. The blood-stained clothes were recovered on the information of petitioner no. 1 from the court premises. So keeping in view the scene of occurrence, recovery, motive and extra-judicial confession there are materials to form reasonable grounds to believe that they have acted in concert and removed the dead body of the victim rangaswamy and thus suggests a prima facie case against the petitioners 2, 3 and 1.

(3.) the learned counsel for the petitioners contended that if the entire materialcollected by the prosecution is accepted in toto, so far as petitioners 2 and 3, they may come under section 210, ipc and therefore they may be enlarged on bail.