These petitions are filed under Section 439 of Cr.P.C.

seeking regular bail of the respective petitioners in Crime

No.415/2020 of Shivamogga Rural Police Station, Shivamogga

for the offences punishable under Sections 143, 147, 148, 120B,

302 read with Section 149 of IPC.

2.

Heard the learned counsel for the petitioners and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the cases are that there was a

love affair between the deceased and sister of accused No.1 and

when the deceased refused to marry the sister of accused No.1,

accused No.1 was having motive against the deceased and with

the help of other accused persons, he committed the murder of

the deceased inflicting injury with the knife and machete. Based

on the complaint, the police have registered the case and after

completion of the investigation, filed the charge-sheet for the

aforesaid offences.

4

4.

The learned counsel for the petitioner would submit

that the case is rest upon the circumstantial evidence and

though there is a specific overt act allegation against these

petitioners, there are no eye-witnesses to the alleged incident

and the prosecution is relied upon only on the last seen witness

who has not having acquaintance with these petitioners and the

prosecution has not collected any materials against these

petitioners to substantiate that they have involved in the alleged

act and only the joint recovery was made at the instance of

these petitioners and these petitioners are ready to abide by the

conditions that may be imposed by this Court and prayed to

enlarge the petitioners on bail.

5.

Per contra, the learned High Court Government

Pleader appearing for the State would submit that these

petitioners also inflicted injury with the knife as well as machete

to the deceased and as a result, he sustained 17 injuries on his

body and cause of death is also on account of multiple injuries

sustained by the deceased and further submits that deceased

motorcycle also recovered at the instance of accused No.1 and

5

hence, there is a prima facie material against these petitioners

and prayed to dismiss the petitions.

6.

Having heard the respective counsel appearing for

the parties and also on perusal of the material on record it is

clear that the case is rest upon the circumstantial evidence and

there is no direct evidence against these petitioners and the

prosecution has not seized any blood stained clothes of these

petitioners to show that they have committed the alleged act but

the prosecution has relied upon only on the last seen witness

who was not having any acquaintance with these petitioners and

also the material discloses that the knife which was used for the

alleged act was thrown at the spot itself and the same was

recovered after the apprehension of these petitioners and test

identification parade was also not conducted by the police and

when there is no prima facie material against these petitioners

and when there is no sound circumstances against these

petitioners, I am of the opinion that it is a fit case to exercise the

discretion in favour of these petitioners as investigation of the

case is completed and charge-sheet has been filed and there is

no need of further custodial trial of these petitioners.

6

7.

In view of the discussions made above, I pass the

following:

ORDER

The

petitions

are

allowed.

Consequently,

the

petitioners/accused Nos.2, 4, 5 shall be released on bail in

connection with Crime No. 415/2020 of Shivamogga Rural Police

Station, Shivamogga for the offences punishable under Sections

143, 147, 148, 120B, 302 read with Section 149 of IPC, subject

to the following conditions:

(i)

The petitioners shall execute their personal

bonds for a sum of Rs.2,00,000/- (Rupees Two

Lakhs only) each with two sureties each for the

like-sum to the satisfaction of the jurisdictional

Court.

(ii)

The petitioners shall not indulge in tampering

the prosecution witnesses.

(iii)

The

petitioners

shall

appea