SALAUDDIN Vs. STATE IF KARNATAKA

JUDGEMENT

(1.) I have heard the learned Counsel for the petitioners and also the learned Addl. State Public Prosecutor for the respondent-State. Perused the records. A person by name Manjunath son of Basavanneppa Shettannavar of Kamadhenu Village, Kalagatagi taluk, lodged a complaint before police and the police have registered a case in Crime No. 33/2013 against some unknown persons. The said Manjunath on 15.3.2013 at about 10.00 am, while proceeding to his land, on the way, he saw the dead body of a person lying in the land of Kallappa Chennappa Ganiger, some injuries on the dead body and a wire was tied to the neck of the dead body. On receiving such information, the police started the investigation. They conducted the inquest and also sent the dead body for Post Mortem examination, recorded the statement of some of the witnesses. But, till 13.2.2013 the police could not secure any information about the culprit. On 13.12.2013, the police have arrested one Jubeda--accused No. 1 and Shanu @ Shanvaj S/o. Rustumsab Sheradi, accused No. 3 near Old Hubli circle. On the basis of the voluntary statement given by those accused persons, they went and arrested these petitioners. The police have recorded the voluntary statement of the petitioners. According to the police, accused No. 1 was the root cause for the murder of the said man and by giving Supari of Rs. 4 lakhs to the above said other accused persons. On these allegations, the petitioners were arrested on 13.12.2013 and since then, they have been in Judicial Custody.

(2.) The entire case revolves round circumstantial evidence, though there are materials to show that the death of the deceased was homicidal as narrated in the remand application, the police have no other materials against the petitioner herein except their voluntary statement as well as voluntary statement of Accused No. 1. The charge sheet has already been filed. And these petitioners were arrested on 13.12.2013, since then they have been in judicial Custody that itself shows that he is no more required for any further investigation. There are no other incriminating materials at this stage. Further added to that the accused No. 1 Jubeda W/o Salim Befari has already been released on bail by order of this Court in Crl. P. No. 100089/2014 on 28th January 2014. Therefore, on the ground of parity also the petitioners are entitled for bail on the same conditions. Hence, the following: