SHIVALINGAPPA LINGAPPA KUMBAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioners-accused Nos.3 and 4 under Section 439 of the Code of Criminal Procedure in connection with Kanakagiri P.S. Crime No.20/2019 for the offences punishable under Sections 302, 201 of IPC. Since from the date of their arrest, the petitioners-accused are in judicial custody. Therefore, the learned counsel for the petitioners is praying for enlargement of the petitioners on regular bail among the grounds urged therein.

(2.) Heard the learned counsel for the petitioners and the learned HCGP for the respondent - State.

(3.) Factual matrix of this petition are as under: It is stated in the complaint that on 19.02.2019 at about 8.00 a.m., the complainant came to know that dead body of an unknown person was thrown into the water tank at K.Katapur village. The hands and legs of the dead body of an unknown person were tied with means of nylon rope. The dead body was floating in the aforesaid water tank. The complainant who visited the said water tank, he saw Kanakagiri Police and also staff members of fire fighter and also dead body which was floating in the water tank. The Police of Kanakagiri P.S. and also the fire fighter staff members took out the dead body of an unknown person from the water tank. The neck part and legs of the deceased were tied with a nylon rope. The private part of the deceased was also tied with means of iron wire and the dead body of an unknown person was completely decomposed. The photos of the said dead body was taken by the police authorities during the course of the investigation and the crime came to be registered against the accused persons. The complainant suspected that some unknown persons have committed the murder of the deceased, as where dead body of an unknown person was floating in the water tank situated in the limit of K.Katapur village. Based upon the complaint filed by the complainant, the crime came to be registered and recorded the FIR. Thereafter, the case has been taken up for investigation by the Investigating Officer in order to lay the charge sheet against the accused. During investigation, the Investigating Officer has held inquest over the dead body in the presence of the panch witnesses and drew mahazar. During inquest proceedings, the Investigating Officer has seized the cloths and also other materials found on the dead body of an unknown person.