SANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is arraigned as accused No.1 has filed this petition u/sec.439 Cr.P.C . to grant him regular bail in Crime No.66/2018 of Gokul Road Police Station, Hubballi for the offences punishable u/sec.302, 201, 120B r/w Sec. 34 IPC.

(2.) It is contended by the petitioner that he is innocent of the offences alleged and he has been falsely implicated. There are no eyewitnesses to the alleged offence. There is no prima facie material to connect him with the crime. The elder brother of petitioner lodged complaint and after conducting investigation, the respondent-police have filed charge sheet against the petitioner and another. The statement of CW16 who speaks with regard to deceased being last scene in the company of accused and other witnesses was recorded after the arrest of petitioner. There is no motive, intention, knowledge or mens rea for the petitioner to commit the offence. There are no reasonable grounds to believe that petitioner is involved in the incident in question. He was arrested on 11/10/2018 and since then he is in judicial custody. The trial has not yet commenced. Petitioner is ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

(3.) Learned HCGP filed objections stating that petitioner/accused No.1 subscribed to a life insurance policy worth Rs.25,00,000.00 with HDFC and made his elder brother a nominee. He hatched a plan to commit murder of someone resembling himself in order to claim the policy amount. On 9/10/2018, he along with accused No.2 brought deceased Mohammed Irfan Nadaf on Bajaj Pulsar Motorcycle bearing No.KA-25/EH-8472, took him to the land of CW33 Revadihal, gave deceased his wearing apparels, chappals, etc., to make deceased look like him. Thereafter, accused No.1 and 2 committed his murder, disfigured his face, brought a dead body near Revadihal bridge and placed it on the road along with the motorcycle being used by accused No.1 to make it appear as accident.