AJAY KUMAR SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner -accused No. 5 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 302 and 394 r/w. Section 34 of IPC registered by the respondent -police in Crime No. 942/2012.

(2.) HEARD the arguments of the learned counsel appearing for the petitioner -accused No. 5 and also learned High Court Government Pleader for the respondent -State.

(3.) AS against this, learned High Court Government Pleader during the course of his argument submitted that though at the first instance, the case was registered against the unknown persons, but during the course of investigation, Investigating Officer has collected the material even against the present petitioner. He made the submission that accused Nos. 1 to 5 entered into the house of the deceased, when the deceased was alone in the house and they have committed the murder of the deceased and also committed the robbery of the ornaments, cash kept in the said house. He submitted that there is a joint recovery, which goes to show that 10 gold ornaments, cash and iron rod have been seized from all the accused persons. Hence, he made the submission that this material collected clearly goes to show the involvement of the present petitioner in the commission of the alleged offences. Hence, he submitted that petitioner is not entitled to be granted with bail.