The presumption of innocence, the general rule of granting bail, and the consideration of valid grounds for granting bail based on legal principles and the specific circumstances of the case.

JUDGMENT

Ashok G Nijagannavar, J. - This petition is filed by the accused under Section 439 Cr.P.C. seeking bail in S.C.No.19/2020 (Crime No.0116/2019 of Bilagi Police Station C.C.No.33/2019) pending before the learned District and Sessions Judge, Bagalkot for the offence punishable under Section 302 I.P.C.

2. The prosecution case is that on the complaint filed by the younger brother of the victim deceased, the polce have registered the case. The allegations are that his elder sister- Manjula had completed her college education and her engagement ceremony was performed with their relative by name Umesh Rathod about two years back, but the marriage was not performed. Meanwhile his elder sister had developed friendship/intimacy with the petitioner-accused by name Avvaneppa for the past 2 to 3 years. Despite the advice by the elders, they had not stopped their friendship. Her sister had informed that she would not be allowed to live if she does not marry him. But the family members had kept quite in order to preserve the family prestige. On 30.08.2019 night at about 8.00 p.m. her sister was talking to someone over the mobile phone and all the family members watching TV at home. She did not return home till 11.00 p.m. When they searched at nearby places, her dead body was found in the toilet situated at the backside of Harishchandra Lamani. The complainant suspects that the accused-Avvaneppa has committed the murder of his sister as she had refused to marry him.

3. On registering the case, the police have conducted the investigation and submitted the charge sheet for the offence punishable under Section 302 I.P.C. The accused was arrested on 01.09.2019 and he is in custody since from the date of arrest. The bail petition filed by the petitioner before the Sessions Court is rejected.

4. Heard the learned counsel for the petitioner-accused and the learned HCGP for respondent-State. Perused the records.

5. The complaint averments disclose that the accused had friendship with victim girl, who is the complainant's elder sister for the past 2 to 3 years and the said girl was engaged to another person, but no marriage has taken place. The main contention of the learned counsel for the petitioner is that there are no eyewitnesses or direct evidence, the entire case of the prosecution is based on circumstantial evidence. Thus, there is no prima facie case to prove the involvement of the accused in commission of the offence. Even though the engagement was performed two years back, the marriage of the victim had not taken place. Mere friendship between accused and the victim cannot be the ground to suspect the involvement of the accused. The accused is in judicial custody since from the date of his arrest. The investigation is completed. Hence, the presence is not required for custodialinterrogation. Due to the detention, the petitioner-accused has been put to great hardship.

6. Per contra, the learned HCGP submitted that CWs.7 to 9 have stated that prior to the death of the victim girl, the accused was sitting with her. There is a prima facie case to show that the accused has throttled the neck of the victim girl in the event of granting bail, the accused is likely to cause threat to the family members of the victim and other prosecution witnesses.

7. Having regard to the submission made by the learned counsel for the petitioner and the learned HCGP, this Court has gone through the charge sheet records. According to some of the witnesses-CWs.7 to 9 indicate the last seen theory, but this alone cannot indicate the prima facie case. At this stage, it is needless to make elaborate discussion or to give any specific findings as the same is not permissible while considering the bail application. The main objection of the prosecution is that in the event of granting bail, the petitioner is likely to cause threat to the family members of the victim and other prosecution witnesses. The said objection can be set right by imposing stringent conditions