VENKATESH S/O JAGADISHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has been arraigned as accused No.2 in S.C.No.1358/12 pending before Fast Track Court-3, Bangalore. This petitioner and another have been accused of committing murder of Joseph @ Peter @ John Peter in the mid night of 05.06.12 and after committing the murder, with an intention to destroy the evidence and to screen themselves from the legal position, they packed the dead body in to a plastic sack and threw the same in an abandoned well situated within the limits of Koramangala police station, Bangalore. They are facing charge for the offences punishable under Sections 302 and 201 of IPC.

(2.) ACCORDING to the case of the prosecution, at about 10.30 a.m. on 13.06.12, CW-1 N.G.Annappa, Head constable of Koramangala police station, received an information that a dead body packed in a plastic sack is found in a well situated in the land of Jodidhar Hanumanthappa situated in 4th Block, Koramangala, Bangalore. Immediately he went near the well and noticed a plastic sack in the well and he informed the same to his superiors and with the help of others, lifted out the dead body from the well. On opening these plastic sack, the dead body was found wrapped in bed sheet and it was not in a position to be identified by any one. Thereafter, on the basis of the report of CW-1, case in Cr.No.271/12 came to be registered for the aforesaid offences.

(3.) ACCORDING to case of the prosecution, in the mid night at about 1.00 am., on 06.06.2012, the deceased again came near the house of accused No.1 fully drunk and started quarrelling, at that time, the two accused took him to the nearby burial ground, there, they fell him on the ground and this petitioner held the legs of the deceased, while accused No.1 dropped the size stone on the chest and head of the deceased, as a result he died. Thereafter, with an intention to destroy the evidence, they wrapped the dead body in a bed sheet and packed the same in a plastic sack and transported the dead body on a cycle rickshaw to the Mesthry Palya in 4th Block, Koramangala and threw the dead body into the well. On completion of investigation, the charge sheet came to be laid and the matter was committed to the Court of Sessions. The application filed by the petitioner for grant of bail before the Sessions Judge came to be rejected. Therefore, he is before this Court.