This appeal is filed by the appellant/accused No.2

praying to set aside the order dated 13.06.2023 passed in

Spl.S.C. IPC and SC & ST 6/2023 by the II Additional

District and Sessions Judge, Kolar, whereunder the bail

application of this appellant/accused No.2 sought in

respect of Crime No.6/2023 of Maluru Police Station for

the offences punishable under Section 302, 201 and 109

r/w 149 of Indian Penal Code, and Section 3(2)(5) of the

Schedule Cast/Schedule Tribe (Prevention of Atrocities)

Act, 1989 came to be rejected.

Heard learned counsel for the appellant/accused

No.2 and learned High Court Government Pleader for

respondent No.1/State. In spite of service of notice to

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respondent

No.2/Complaiant

remained

absent

and

unrepresented.

3. The case of the prosecution is that, One Sri

Abhishek filed a complaint stating that he found the dead

body on 03.12.2022 floating in the pond water situated

behind the temple and it is in decomposed state. The said

complaint came to be registered in crime No. 198/2022 of

Nandagudi Police Station against unknown persons for the

offence punishable under Section 201 and 302 of Indian

Penal Code. The said dead body came to be identified by

the father of the deceased. The father of the deceased in

his statement has stated that the wife of the deceased

(accused No.1) had illicit relationship with the accused

No.4 namely Chalapathi. The Police secured the accused

No.1 and recorded her voluntary statement. On the basis

of her voluntary statement this appellants/accused No.2

came to be arrested on 06.12.2022 and subsequently, on

the point of jurisdiction the case came to be transferred

to the Maluru Police Station and registered in crime

No.6/2023. The police after investigation filed charge

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sheet against the accused Nos.1 to 4 for the offence

punishable under Section 302, 201 and 109 r/w 149 of

Indian Penal Code, and Section 3(2)(5) of the Schedule

Cast/Schedule Tribe (Prevention of Atrocities) Act, 1989

and case came to be registered in Spl.S.C. IPC and SC &

ST 6/2023. This appellant/accused No.2 has filed bail

application and same came to be rejected by the

impugned order dated 13.06.2023. The said order is

challenged in this appeal by the appellant/accused No.2.

4.

Learned counsel for the appellant/accused No.2

would contend that the complaint came to be filed against

unknown persons based on the statement of the father of

the deceased. The Police recorded the voluntary statement

of

the

accused

No.1

and

based

on

that

this

appellant/accused No.2 came to be arrested. There are no

eye witnesses to the incident and the case of the

prosecution is based on circumstantial evidence. There

are no materials to connect this appellant/accused No.2 to

crime. The allegations of transfer of Rs.5,000/- by the

accused No.1 to accused No.2 through the mobile of

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Supriya portion of supari amount is not supported by any

material evidence. Except the photos of the dead body

found in the mobile of this appellant/accused No.2, there

are no other circumstances. As charge sheet is filed, the

appellant/accused No.2 is not required for custodial

interrogation. With this he prayed to allow the appeal and

grant bail to the appellant/accused No.2.

5.

Per contra, learned High Court Government

Pleader would contend that this appellant/accused No.2

and accused No.3 have committed brutal murder of the

deceased Anand @ Anil by assaulting him with beer bottles

as they have taken supari from accused Nos. 1 and 4 to

kill the deceased. The accused No.1 had illicit relationship

with the accused No.4 and as the deceased the husband of

the accused No.2 was coming in the way of their

relationship, the accused No.1 in conspiracy with the

accused No.4 engaged the accused No.2 and 3 to kill the

deceased. The mobile phone of this appellant/accused

No.2 seized, contains photos of the dead body taken on

the date of incident. The Investigating Officer conducted

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the investigation and thereafter