YALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This bail petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. in connection with Crime No.1/2019 of Kolhar Police Station, registered for the offences punishable under Sections 143, 147, 148, 109, 302, 201 R/w Section 149 of IPC. The accused is in judicial custody since from the date of his arrest and hence, the learned counsel prays for enlarging him on bail among the grounds urged therein.

(2.) Heard the learned counsel for the petitioner as well as the learned High Court Government Pleader for the respondent - State.

(3.) It is transpired from the prosecution case that on 05.01.2019, the complainant namely, Mallikarjun Biradar lodged a written complaint before the police station alleging that he had initially filed the missing complaint in respect of his elder brother by name Ramangouda alleging that on 30.12.2018 at about 10.00 p.m., deceased went to his land to do cutting work with the help of tractor belonging to Beerappa Asangi. On the next day morning when he did not return house as usual, the complainant inquired the said Beerappa and in turn he briefed that in the night of that day Ramangouda insisted him and Yallappa Mamadapur to do the cutter work and went away to Kolhar village. They searched him till 03.01.2019, but they did not trace the missing person, their efforts went in vain. Subsequently, in the village on hearing rumors about missing person that he has been murdered and dead body of the deceased thrown into the Krishna river. The complainant went to Kolhar Police Station and informed about the murder of the deceased on 04.01.2019. After registration of the crime against the accused, that on 05.01.2019, the body of the deceased had been searched by the police and also secured the family members of the deceased and they identified the dead body that of Ramangouda. Subsequent to registration of the crime against the accused, the Investigating Officer has taken up the case for investigation and he investigated the case and laid the charge sheet against the accused relating to the case in Crime No.1/2019. That co-accused i.e., accused Nos.3 to 6 have already been enlarged on bail by this Court in Criminal Petition No.200251/2019 on 28.02.2019 by imposing certain conditions as stipulated therein. This petitioner arraigned as accused No.2 and he has been lugged in the alleged crime that he was also caused death of deceased Ramangouda and also thrown the dead body into the Krishna river for the purpose of causing disappearance of evidence. These materials have been secured by the Investigating Officer during the course of investigation in order to lay the charge sheet against the accused, but there is no direct overt act against the accused in committing the alleged offence. This contention is taken by the learned counsel for the petitioner during the course of his argument. The accused is in judicial custody since from the date of his arrest. The entire case of the prosecution is rest upon the circumstantial evidence. There are no eyewitnesses to the alleged incident relating to committing the murder of the deceased. The circumstances sought to be relied by the prosecution does not point the guilt towards the petitioner. It does not specifically reveals that there was role made by this accused in committing murder of the deceased. This accused is permanent abode of Mattihal village of Vijaypur District and has deep root in the society and he is ready to abide by any terms and conditions to be imposed by this Court while granting bail to him. These are all the contentions taken by the learned counsel for the petitioner seeking for bail.