This petition is filed under Section 439 of Cr.P.C. seeking

regular bail of the petitioner in Crime No.12/2022 of Saragur

Police Station, Mysuru for the offences punishable under

Sections 302, 120B read with Section 34 of IPC.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case is that accused No.1

who is the wife of the deceased having illicit relationship with

accused No.2 and when the same came to the notice of the

deceased, he assaulted her and snatched her phone since

accused

No.1

was

continuously

chatting

with

the

petitioner/accused No.2 and when the said fact is also informed

to the petitioner, he purchased one mobile phone and gave to

accused No.1 and accused Nos.1 and 2 continued their acts.

3

That on 21.01.2022, the deceased again noticed that accused

No.1 and this petitioner were talking over the phone and

accused No.1 informed this petitioner that the deceased had

again snatched the phone which was given by him to accused

No.1 and the deceased had came to know about the illicit

relationship between them. Hence, accused No.1 called the

petitioner and planned to commit murder of the deceased and

the petitioner on the same day came to Mulluru in the

motorcycle and both the accused No.1 and this petitioner

conspired with each other and when the deceased came to the

house around 9.30 p.m. and he was sleeping, accused No.1 and

the petitioner sharing the common intention of committing

murder, between 12.00 to 12.30 a.m., committed the murder of

the deceased by squeezing the testicles. Based on the

complaint, the case was registered by the police and after

completion of the investigation, charge-sheet has been filed

against the petitioner and other accused person for the aforesaid

offences.

4

4.

The learned counsel appearing for the petitioner

would submit that in order to connect this petitioner, there are

no materials against this petitioner and the counsel further

submits that incident was taken place on 21.01.2022 and this

petitioner was arrested on 11.03.2022 i.e., almost after 1 month

20 days and in order to connect this petitioner also no material is

collected by the Investigating Officer during the course of the

investigation and based on voluntary statement of accused No.1,

this petitioner has been arrayed as accused No.2 hence, he may

be enlarged on bail.

5.

Per contra, the learned High Court Government

Pleader appearing for the State would submit that the murder

was committed in the house of accused No.1 and the

Investigating Officer collected the CDR wherein it discloses that

accused No.1 and the petitioner, on 21.01.2022, were in

constant touch with each other from 4.00 p.m. onwards and

number of phone calls were also made between them and the

same is substantiated the sound circumstances of the case

against the petitioner herein. The counsel further submits that

5

accused No.1 herself made extra-judicial confession that the

deceased was having another marital relationship hence, she

committed the murder of the deceased. The counsel further

submits that statements of witnesses have been recorded under

Section 164(5) of Cr.P.C. wherein the witnesses have stated that

when they went and enquired with this petitioner, he discloses

that he himself and accused No.1 were having illicit relationship

and both of them have committed the murder of the deceased

hence, there is a prima facie case against this petitioner and

prayed to dismiss the petition.

6.

Having heard the respective counsel appearing for

the parties and also on perusal of the material available on

record it discloses that the deceased died in the house of

accused No.1 is not in dispute and also the case of the

prosecution is that he died in between 12.00 to 12.30 p.m. and

the cause of death is also on account of squeezing of testicles.

The statement of witnesses that accused No.1 herself admitted

that she only squeezed the testicles