ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) IN this petition filed under Section 439 Cr.P.C., petitioner arraigned as accused No.1 has sought for an order to enlarge him on bail in Crime No.105/2012 of Bilikere Police Station registered for the offences punishable under Sections 302 and 201 IPC.

(2.) ACCORDING to the case of the prosecution, at about 11.30 am., on 29.06.2012 Police Sub-Inspector, Bilikere Police Station received information over telephone by an unknown person that a dead body of an unknown male is lying by the side of Lakshman Thirtha river below the bridge. Immediately, Police Sub- Inspector alongwith his staff went near the bridge to ascertain the correctness of the information. There, he found a dead body of an unknown male aged between 40 to 45 years lying by the side of Lakshman Thirtha river. On verification, he also noticed injuries on the hind portion of the head, left heel and other parts of the body. Therefore, he suspected that some miscreants have murdered the deceased and thrown the dead body there. In that regard he prepared a report, based on which, the Station House Officer registered the case and took up investigation. During investigation the dead body was subjected to PM examination. The doctor who conducted PM examination opined that the death was due to shock and haemorrhage, consequent to multiple injuries sustained. During investigation this petitioner and others were apprehended on 05.07.2012 on suspicion. During interrogation, they said to have confessed to the crime. On that basis, this petitioner and others were arraigned as accused and later subjected to judicial custody. Their confession revealed that there were incident of theft of banana, coconut etc., in the garden land of one Devaraju of Hunasepura village and in that regard, during the night of 29.06.2011, this petitioner and other accused persons were keeping watch to catch the thief red handed. At that time, the deceased Ramegowda came to the garden land with an intention to commit theft and he was caught hold by this petitioner and others. Later, he was tied to a teak wood tree and thereafter, he was assaulted with club and Devaraju who is the owner of the land assaulted the deceased with a sickle on the left ankle, as a result, the nerve got cut and as a result of the multiple injuries, said Ramegowda died and thereafter, the dead body was taken from the garden land on a motor cycle to the bridge over Lakshman Thirtha river and the dead body was thrown into the river. The application filed by the petitioner for grant of bail came to be rejected. Therefore, he is before this Court.

(3.) I have heard both the sides and perused the records made available.