RAMANJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the State.

(2.) This is a successive bail petition and this Court earlier rejected the bail petition of this petitioner vide order dtd. 19/1/2022 in Crl.P.No.34/2022 taken note of the material collected by the IO and in paragraph 6 of the order, this Court considered the charges alleged about the motive that this petitioner was insisting the mother of the victim boy for sexual favour and when she refused, he took the minor boy to his house and committed murder by strangulation. This Court also observed that no doubt, at the first instance missing case was registered and subsequently, the case was registered under Sec. 302 , 201 of IPC and apart from that Sec. 363 of IPC.

(3.) This Court held that the prosecution mainly relies upon the statement of CW2 and CW3 who have last seen the victim along with the petitioner wherein CW3 speaks that the petitioner was carrying plastic bag on his two wheeler and the said two wheeler also seized and FSL report is not yet received and same is awaited and body was found almost 15 days of committing the murder and skull was seized and formed an opinion that at this juncture, this is not a fit case to exercise the discretion in favour of petitioner even though the case rests on the circumstantial evidence and there is a recovery of wire which was used for strangulation at the instance of this petitioner hence, rejected the earlier bail petition.