Ravi & Others vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.137/2020 of Gowribidanur Police Station,

Chickballapura District, for the offence punishable under Sections 397 and 302 of IPC.

Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

The factual matrix of the case of the prosecution is that accused Nos.1 and 2 went to the hotel of the deceased and when he refused to give the

food, these two petitioners having grudge against him went and brought concrete hollow bricks and committed the murder and accused No.2 was

watching if anybody is coming to the hotel and thereafter took the motorcycle belonging to the deceased and hence the offence under Sections 302

and 397 of IPC are invoked.

The learned counsel for the petitioners would submit that the case is rest upon the circumstantial evidence and the prosecution mainly relies upon

the dog identification and six witnesses have been examined before the Trial Court and nothing is forthcoming in favour of the prosecution. Hence,

they may be enlarged on bail.

Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that there was recovery of motorcycle

from accused No.1 and mobile of the deceased also recovered and when the motorcycle and mobile of the deceased are recovered from the accused

persons, there are sound circumstances against the petitioners. Hence, there is a prima facie material. The learned counsel submits that C.W.16 and

C.W.17, who are the brothers of accused No.1 have witnessed the incident of quarrel between the deceased and these petitioners and there is a

prima facie case against the petitioners.

Having heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State and on

perusal of the material available on record, particularly the statement of the witnesses, who have witnessed the incident of galata between the accused

and the deceased earlier to murder and apart from that, when motorcycle and mobile of the deceased are seized at the instance of accused No.1,

merely because examining of six witnesses, this Court cannot appreciate the evidence which has been led before the Trial Court. The Trial Court has

to appreciate the evidence after considering the material witnesses regarding merits of the case and invoking Section 439 of Cr.P.C., this Court cannot

appreciate the evidence available on record. When there are strong and sound circumstances against the petitioners herein that recovery was made

and also witnesses witnessed the assault prior to murder, hence it is not a fit case to exercise the powers under Section 439 of Cr.P.C to enlarge the

petitioners on bail.

In view of the discussions made above, I pass the following:

ORDER

The petition is rejected.