The court considered the 'last seen' theory and the timing of the alleged disclosure in granting bail to the petitioner.

1. This petition is filed by the petitioner under Section 439 of Cr.P.C. seeking regular bail in respect of Sessions Case S.C.No.40/13 pending on the file of the Court of I Addl. District and Sessions Judge, Kodagu, Madikeri, arising out of Crime No. 196/2012 on the file of Kushalnagar Police Station, Kushalnagar, Madikeri District for the offence punishable under Sections 302 and 201 of IPC.

2. The gist of allegation, as could be seen from the records, is that he had illegal intimacy with the deceased lady Roopa, whose husband had died a year ago. According to the prosecution papers the case is based on circumstantial evidence. The main circumstance on which the prosecution has relied upon is the theory of 'last seen'.

3. Statement recorded under Section 161 of Cr.P.C. of Sri.Ram Shetty-CW8 discloses that on 19.10.2012 he saw the deceased going along with Roopa on Motor cycle at about 12.15 p.m. and this was disclosed to the police on 10.11.2012. Prior to that on 21.10.2012 Ram shetty had approached him.

4. The point to be considered is as to whether this circumstance of last seen can be a ground to reject the bail petition?

5. Taking into consideration the facts and circumstances oi the case and the alleged disclosure stated to have been made long after the incident, the application could be considered by imposing certain conditions.

6. In this view of the matter, petition is allowed and bail is granted to the petitioner, subject to the following conditions:-

(i) Petitioner shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with two sureties, for the like sum to the satisfaction of the learned Sessions Court.

(ii) He shall not tamper or attempt to tamper any of the prosecution witnesses.

(iii) He shall not. hold out threats to the prosecution witnesses or lure them in any manner;

(iv) He shall not involve himself in any criminal activities.