SANTOSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed seeking bail in Crime No. 15/2013 of India Police Station registered for the offences punishable under Sections 302 and 201 of IPC. It is the case of the prosecution that the deceased was in illicit intimacy with CW 12 -Shanthamma @ Anuradha. It is the further case of the prosecution that petitioner was also in friendly terms with CW 12 and was having illegal intimacy with her. In order to eliminate the deceased, petitioner has planned to commit the murder and he has succeeded in his plan.

(2.) HEARD Sri Shivanand V. Pattanshetti, learned counsel appearing for the petitioner and Sri S.S. Aspalli, learned High Court Government Pleader appearing for the respondent -State.

(3.) LEARNED High Court Government Pleader, on the other hand, submits that the petitioner is the main person for the commission of murder of the deceased -Shivaraj. It is submitted by him that apart from the motive mentioned above, there is circumstance of last seen together for which CWs. 20 and 21 are the witnesses. There is also recovery at the instance of the petitioner. The dead body was thrown in the canal which was subsequently recovered. A Tata sumo vehicle and one empty kingfisher bottle and blue jeans pant of the deceased have been recovered at the instance of the petitioner. He submits that there are sufficient circumstances to hold that the petitioner is guilty of having committed the murder of deceased -Shivaraj.