The judgment establishes the principle that when a prima facie case is made out based on circumstantial evidence, including motive, last seen theory, and recovery of evidence, the accused may not be entitled to bail.

JUDGMENT

B.A.Patil, J. - The present petition has been filed by the petitioneraccused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.240/2019 of Hosakote Police Station for the offences punishable under Sections 302 and 201 r/w 34 of Indian Penal Code.

2. I have heard the learned counsel Sri.Sivamanithan S. for the petitioner-accused virtually and the learned High Court Government Pleader Sri.R.D.Renukaradhya for the respondent-State.

3. The gist of the case of prosecution is that on 6.7.2019 the deceased Pawan Kumar, his relative one Sri.Yogesh were together in the place of resident and at about 8.00 p.m. some body called the deceased and deceased said that accused No.1 is calling him and asking him to come near the petrol bunk. At about 9.45 p.m. deceased went on a bike, on the same day late night he called the deceased Pawan Kumar, but he has not replied.

On 7.7.2019 the deceased was not found in the said house and after repeatedly trying to reach him to his phone, it was switched off. On 8.7.2019 the complainant along with one Manjunath went near the Gangamma temple at Hosakotedoddmanni Tank Bund at about 10.15 p.m. and there they saw the bike used by the deceased which was parked there and also found the dead body of the deceased Pawan Kumar with grievous injuries on his face and other parts of the body. They found clothes and slipper of the deceased. On the basis of the complaint a case has been registered.

4. It is the submission of the learned counsel for the petitioner that since 1 years the petitioner-accused No.1 is in custody and he is less than 20 years of age. If he has been left in the jail, his career is going to be affected. It is his further submission that there are no eyewitnesses to the alleged incident and the entire case rests on circumstantial evidence. It is his further submission that the case of the prosecution rests on motive, last seen theory and recovery.

Insofar as the motive is concerned, it is alleged that the petitioner-accused also used to love CW6. CW6 was not liking the petitioner-accused and in that light, the accused has also given the threat. But if really a threat has been given to the deceased by accused No.1, then under such circumstances on the call of accused No.1 the deceased going is a suspicious circumstances. It is his further submission that when there is a life threat to the deceased, going there along with accused No.1 itself is contradictory to each other.

It is his further submission that the second circumstances on which the prosecution is relying upon is that of last seen theory and in this behalf CW5 has been examined before the Court under Section 164 of Cr.P.C. and the Test Identification Parade has not been conducted, but he has been called to the police station and there he has identified the accused persons for having seen lastly along with the deceased. It is his further submission that no report has been collected during the course of investigation to connect the call details of the petitioneraccused to deceased. It is his further submission that already accused No.2 has been released on bail. On the ground of parity, the petitioner-accused No.1 is also entitled to be released on bail. It is his further submission that the petitioner-accused is ready to abide by the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner-accused No.1 on bail.

5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the entire case rests on circumstantial evidence and there are strong circumstances to indicate that the petitioner-accused has been involved in a serious offence which is punishable with death or imprisonment for life. The petitioner-accused No.1 used to love CW6 and she has clearly stated that she was not liking him and even the deceased has also informed CW6 about the threat given to him by accused No.1. It is