This petition is filed by the accused No.5 under

Section 439 of Cr.P.C., seeking bail in Crime No.146/2022

of

Dharwad

Rural

Police

Station

for

the

offences

punishable under Sections 143, 147, 120B, 149, 201 and

302 of IPC.

2.

The case of the prosecution is that, one

Mallikarjun has filed complaint stating that, on 28.05.2022

at about 10.30 a.m., he and his friend Mahadev had been

to Naya Nagar river to wash his motorcycle. When they

were cleaning the motorcycle they noticed a foul smell and

when they searched for the cause of the smell, they found

a dead body wrapped in a plastic and gunny bag.

Immediately, they informed the Bailhongal police. Within a

few moments the police arrived to the spot and when the

gunny bag was opened, they found dead body of a male

- 3 -

person aged about 30-35 years wearing orange colored

full sleeve shirt and white half banian, chocolate colored

nikkar and black colored night pant and there is a Lord

Hanuman9s tattoo on the right wrist of the dead body and

also appeared injuries on the forehead and face. The said

complaint came to be registered in Crime No.124/2022 of

Bailhongal police station for the offences punishable under

Sections 143, 147, 120B, 302, 201 read with Section 149

of IPC. Subsequently, the said crime came to be

transferred to the Dharwad Rural police station and came

to be registered in Crime No.146/2022 for the offences

punishable under Sections 143, 147, 120B, 149, 201 and

302 of IPC.

3.

The police after the investigation filed charge-

sheet

against

the

accused

Nos.1

to

6.

The

petitioner/accused

No.5

came

to

be

arrested

on

18.06.2022. The petitioner/accused No.5 filed Criminal

Misc. Case No.531/2022 seeking bail and the same came

to be rejected by the IV Additional District and Sessions

- 4 -

Judge, Dharwad, by order dated 06.10.2022. Therefore,

the petitioner is before this Court seeking bail.

4.

Heard the arguments of the learned counsel for

the petitioner and the learned HCGP for the respondent-

State.

5.

Learned

counsel

for

the

petitioner

would

contend that, there is no allegation of committing murder

of the deceased against this petitioner. The allegation of

committing the murder is on accused Nos.1 and 2. The

only allegation against this petitioner and accused Nos.3, 4

and 6 is that, they assisted the accused Nos.1 and 2 in

shifting the dead body from the house of the deceased and

thrown it in the running water of Malaprabha river. It is his

further submission that, the offence alleged against this

petitioner are under Section 143, 147, 149, 120B and 201

of IPC and they are not punishable with death or

imprisonment for life. As the charge-sheet is filed, this

petitioner is not required for custodial interrogation. With

this, he prayed to allow the petition.

- 5 -

6.

Per contra, learned HCGP would contend that,

the charge-sheet material shows prima-facie case against

this petitioner. This petitioner along with petitioner Nos.2,

4 and 6 assisted the accused Nos.1 and 2 in shifting the

dead body in the car of this petitioner and thrown it in the

Malaprabha river. It is his further submission that, the

charge-sheet material shows prima-face case against this

petitioner for the offences alleged against him. If the

petitioner is granted bail, there are chances of he

threatening

the

complainant

and

other

prosecution

witnesses. With this, he prayed to reject the petition.

7.

Having heard the learned counsel for the

petitioner and the learned HCGP for the respondent-State,

this Court has gone through the charge-sheet records.

8.

The accusations in the charge-sheet is that,

accused No.1 had an illicit relationship with accused No.2

who is the wife of the deceased Yallappa. The deceased

was coming in the way of the illicit relationship of accused

Nos.1 and 2 and therefore, accused Nos.1 and 2 conspired

- 6 -

to commit the murder of the deceased and on 26.05.2022

the accused No.1 with the assistance of accused No.2 was

hiding in the house of the deceased and when the

deceased slept in