OGEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners. The petitioners are before this Court seeking bail. The facts leading upto this case are as follows.--

(2.) Therefore, on 15-7-2012, it transpires that the present petitioners along with other had accosted Shantawwa in a public place. They were in a vehicle and she was abducted and this was witnessed by C.Ws. 14 to 18. Thereafter Shantawwa had disappeared. It transpires that on 20-7-2012 accused 7-the second petitioner herein was taken into custody and according to the prosecution, on his say, the body of Shantawwa was recovered from Nagarani Bridge where the accused had thrown her body, tied up in a manure bag after strangulating her with a rope. A motorcycle used during the incident was also recovered at the instance of the said accused. It is on further questioning that the sequence of events have been pieced together the prosecution who have then instituted proceedings against both the petitioners. The investigation has been completed and a charge-sheet has been filed. The petitioners having approached the Court below seeking enlargement on bail in the light of the above facts and circumstances and in view of the eye-witness account of the abduction by the petitioners of late Shantawwa, the Court below has opined that it was not a fit case where the petitioners could be granted bail. In this background the present petition is filed. The reasoning of the Court below cannot be found fault with having regard to the facts and circumstances. Hence, the bail petition is rejected.