K.M. ESHWARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by the petitioner under Section 439 of Cr.P.C. seeking regular bail in respect of Sessions Case S.C.No.40/13 pending on the file of the Court of I Addl. District and Sessions Judge, Kodagu, Madikeri, arising out of Crime No. 196/2012 on the file of Kushalnagar Police Station, Kushalnagar, Madikeri District for the offence punishable under Sections 302 and 201 of IPC .

(2.) THE gist of allegation, as could be seen from the records, is that he had illegal intimacy with the deceased lady Roopa, whose husband had died a year ago. According to the prosecution papers the case is based on circumstantial evidence. The main circumstance on which the prosecution has relied upon is the theory of 'last seen'. 

(3.) STATEMENT recorded under Section 161 of Cr.P.C. of Sri.Ram Shetty - CW8 discloses that on 19.10.2012 he saw the deceased going along with Roopa on Motor cycle at about 12.15 p.m. and this was disclosed to the police on 10.11.2012. Prior to that on 21.10.2012 Ram shetty had approached him.