MANJUNATHA @ MANJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by the petitioner -accused No. 4 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 302 read with Section 34 of IPC registered in respondent Police Station Crime No. 400/2012.

(2.) BRIEF facts of the case as per the averments in the complaint are that on 01.09.2012 at about 4.00 p.m., the complainant took his cow for feeding grass and near bush, found dead body of a male person, aged between 25 to 30 years. The complainant went near the dead body and found injury on back side of the head, strangulated mark over the neck with the help of the rope and also minor injuries over the parts of the body. It is alleged that, the complainant also found injury on left side of the head which was committed with the help of stone and found the stones, blood stains and the slippers were also found near the bush. The complainant also stated the physical description of the deceased. It is alleged that, some persons for some reason have committed murder on 31.08.2012 and their name is not known. On the basis of the complaint, case has been registered against unknown persons.

(3.) LOOKING to the materials collected, even according to the learned High Court Government Pleader, C.Ws. 2 and 3 are said to be eye witnesses. I have perused the statement of C.Ws. 2 and 3 in which, at the end of their statement, they say that they came to know about the incident. This goes to show that they are not at all eye witnesses to the incident. I have further perused the voluntary statement of accused No. 1. As per prosecution case, accused No. 1 mentions the name of present petitioner accused No. 4. As it is rightly submitted by the learned Counsel for the petitioner -accused No. 4, perusing the other voluntary statement, the name of Manjunath only is written in hand in the place left blank. Therefore, looking to the materials on record, there is no prima facie materials placed by prosecution to show that the petitioner is also involved in the commission of the offence under Section 302 IPC. There are no reasonable grounds to believe that the petitioner has committed the alleged offence punishable for death or imprisonment for life. In the petition, the petitioner has contended that he is ready to abide by any condition that will be imposed by this Court. Hence, looking to the materials on record, the petitioner is entitled to be released on bail.