AVADAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner-accused who is sought to be prosecuted for the offences punishable under Ss. 302 and 201 of IPC has filed this petition under Sec. 439 of Cr.P.C. to enlarge him on bail.

(2.) Heard the learned counsel for the petitioner- accused and the learned High Court Government Pleader for the respondent-State.

(3.) FIR was registered for the aforesaid offences against the unknown persons. During the course of investigation, the statement of wife of the deceased was recorded, wherein she has alleged to have stated that her husband returned to the house on the date of incident and went in a hurry stating that he should not BE traced. Thereafter, the accused was apprehended, and in his confession statement he is alleged to have admitted that he had committed the murder of the father of the complainant. The motive for committing the crime is that the deceased was found to be performing pooja in the temple in question and thereby would snatch his livelihood. The accused was apprehended after nearly three months from the date of incident and the entire case of the prosecution revolves upon circumstantial evidence. The circumstances have to be proved at the time of trial. Hence, the petitioner has made out a prima facie case to enlarge him on bail. Accordingly, I pass the following: