MANJUNATHA @ RAJU Vs. THE STATE

JUDGEMENT

(1.) This petition is filed by the petitioner under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under sections 302 and 201 of IPC registered in respondent-police station crime No. 76/2011. The brief facts averred in the petition are that, on 16.4.2011 at about 14.30 a.m. when the complainant being police constantly was on his duty, happened to see some persons peeping into the sump of an old building situated near Kanteerava studio. When the complainant went near and saw he could see a dead body of a male person covered with papers. Then he informed the same to the P.S.I. The P.S.I. came to the spot and with the help of the public the dead body was taken out of the sump and found the dead body of a male person in a decomposed state. There were injuries on the backside of the head of the deadbody and the age of the person dead was approximately 25-30 years. On observing the same, the complainant could make out that the person is done to death by some unknown persons and thrown the body in the sump and covered the same with papers. After investigation, the respondent-police filed the charge sheet against the petitioner for the offences punishable under Sections 302 and 201 of the IPC. Hence, he has approached the Court seeking his release on bail on the ground that he is innocent and he has not at all committed any offence and he has been falsely implicated in the case and that he is ready to abide by any conditions that would be imposed.

(2.) Heard the arguments of the learned counsel appearing for the petitioner and the learned Government Pleader for the respondent-State.

(3.) I have perused the grounds urged in the bail petition, the FIR, complaint and the entire charge sheet material. The complaint is made by Sri C.M. Umesh, the police constable, which is dated 16.4.2011. At the end of the said complaint it is stated that by looking to the deadbody it appears that some unknown miscreants for some unknown purpose might have committed the murder of the deceased with a heavy object about 3-4 days back. However, the complainant is not the eyewitness to the incident. As per the case of the prosecution, one Sri. M. Venkatesh-C.W. 10 is the eyewitness. His statement was recorded on 21.4.2011. According to his statement, the alleged incident took place on 7.4.2011 during night. On that day at 11.10 p.m. he after having his dinner went to Lakshmi Venkateshwara mini hall situate at Nandini Layout Canteerava studio main road for the purpose of sleeping wherein he saw one Sri Manjunath, the accused and by his side one unknown person, both were sleeping in the passage of the mini hall situate at Nandini Layout old police station building. Thinking that the said unknown person may be the friend of Sri Manjunath, he went to the first floor to sleep there and at about 11.45 p.m. he peeped through the window of the first floor of the mini hall. He saw accused Sri Manjunath throwing size stone on the back portion of the head of that unknown person and heard the sound 'Aah'. He became frightened and stood at the first floor itself and saw that the said Manjunath after getting confirmed that the unknown person is dead, took out amount from the pant pocket of the deceased and dragged the deadbody to the cellar portion of the said building and threw the size stone to the nearby bush. Due to fear, on the next day itself, he informed his owner Sri V.K. Ramanna-C.W. 11 that he is going to his wife's place and left the place.