MUNISWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.194/2018 (S.C. No.163/2018) of Mulbagal Rural Police Station for the offences punishable under Sections 201 and 302 of IPC and Section 4 of POCSO Act.

(2.) I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.

(3.) Gist of the complaint is that on 24.06.2018 at about 3.00 p.m., somebody informed that there was a dead body of female and the said body has been burnt, it may be aged about 20-22 years. On the basis of silver leg chains, nose stud in the nose and other materials, they identified and came to know that some miscreants have committed the murder and burnt the body. Thereafter, during the course of investigation, accused Nos.1 to 3 were apprehended and the voluntary statement has been recorded and he confessed that accused Nos.1 and 2 were having illicit relationship and accused No.1 has raped the deceased and she became pregnant. However, accused No.1 was responsible for that. In that context, on 23.06.2018 they took the deceased in the car and thereafter, strangulated with whale (Dupaatta) and committed the murder of the deceased and with an intention to screen the evidence, they took her body in the car and thereafter, they burnt the body. On the basis of the complaint, a case came to be registered.