M S KALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are seeking bail after having been unsuccessful before the Court of Session, Kodagu District. Petitioners and one Chikkamma, wife of the deceased Rangaswamy were arrayed as accused persons in S.C. 23/91 on the file of the Sessions Judge, Madikeri for offences under Sections 302, 301 nw. Section 34 I.P.C. Chikkamma was enlarged on bail. The accused persons and the deceased Rangaswamy were all Class IV employees in the court of the C.J.M, Madikeri.

(2.) The case of the prosecution is that Accused No. 1 committed the murder of the deceased by inflicting injury of the head, petitioners 2 and 3 removed the dead body to a place called Raja SeatT 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 extrajudicial 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 material collected by the prosecution is accepted into to, so far as petitioners 2 and 3, they may come under Section 291 I.P.C. and therefore they may be enlarged on bail.