SACHIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This bail petition is filed by the petitioner-accused No.1 under Sec. 439 of Cr.P.C. praying this Court to enlarge him on bail in Gokak Town Police Station Crime No.27/2023 (pending on the file of SC No.8021/2023 on the file of XII Addl. District and Sessions Judge, Belagavi sitting at Gokak) for the offence punishable under Ss. 364, 341, 302, 120B, 201 r/w Sec. 149 of IPC.

(2.) Brief facts of the prosecution case are that, initially on 11/2/2023, the wife of the deceased has given missing complaint alleging that her husband has missed and his whereabouts are not traced. Based on the same, missing complaint is lodged and during the course of the investigation, Police suspected the role of the petitioner- accused No.1 and he confessed before the Police that petitioner along with other accused committed an offence of murder of the deceased for the reason that the deceased had made to sell the property of the petitioner for lower price to others and the petitioner has insisted the deceased to re-convey the said property in his name and that the deceased has not agreed for the same. Therefore with this allegation, petitioner and other accused have conspired to each other to eliminate the deceased and accordingly committed murder of the deceased as narrated in the charge sheet.

(3.) The learned counsel for the petitioner submitted that there is no eye witness to the incident. Further more, initially, Police were of opinion that there are no witnesses. Further submitted that the dead body was found in the advanced decomposition state and therefore, the reason for death is not known. Further, entire case is based on circumstantial evidence and now the investigating officer had filed charge sheet and therefore the petitioner/accused No.1 is no more required for the purpose of further investigation and prays to enlarge the petitioner on bail and in such event, the petitioner undertakes to comply any of the conditions imposed by this Court.