HANUMESH NAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner -accused No. 3 under Sec. 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Sec. 506, 120 -B, 109, 302, 201 r/w Sec. 149 of IPC registered in respondent Police Station Crime No. 63/2015 and now pending in S.C. No. 49/2015 on the file of the Principal District & Sessions Judge, Koppal.

(2.) Brief facts of the prosecution case as per the complaint averments are that, on 11.01.2015 at about 10.10 p.m. a railway passenger informed railway Police, Koppal that a dead body was lying on the railway track. On receipt of such information proceedings u/S 174 of Cr.P.C. were initiated and UDR No. 2/2015 was registered in Gadag Police Station. Requisition was forwarded to the Taluka Executive Magistrate for drawing inquest mahazar proceedings. The proceedings notice is at Annexure -A. The intimation is received as per Annexure -B. During the course of investigation inquest was drawn after securing the presence of the brother of the deceased. Inquest proceedings are as per Annexure -C. Brother of the deceased identified the dead body to be that of his brother Yallalinga. He gave a statement that Yallalinga for some reason must have committed suicide and that he does not suspect anyone and as such any proceedings for investigation would be drawn.

(3.) On the basis of the said complaint FIR was registered in Gadag Railway Police Station Crime No. 5/2015 against the accused persons for the offences punishable u/S 506, 120 -B, 109, 201, 302 r/w Sec. 34 of IPC. The petitioner in this petition is shown as accused No. 3.