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

petitioner/accused No.2 to enlarge him on bail in Crime

No.105/2021 of Moka Police Station, registered for the

offence punishable under Sections 302, 201, 120B, 109

r/w 34 of Indian Penal Code (for short ‘IPC’) and Section

24(C)(ii) of the Karnataka Forest Act,1963.

2.

Heard Sri.Mahesh Wodeyar, learned counsel for

petitioner and Smt.Girija Hiremath, learned High Court

Government Pleader for respondent/State and perused

the material on record.

3.

Briefly stated, case of the prosecution is that

Deputy Range Forest Officer lodged complaint on

28.07.2021 stating that on 28.07.2021 at about 8.00

a.m., he received phone call from one Mallikarjuna,

Forest watcher that he found a dead body of a male

person in the said forest. Accordingly, he went to the

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said spot along with Mallikarjuna and found a dead body

of a person who is aged between 50-55 years in Moka

Reserve Forest area. He also found injury to the head of

the said dead person of the said person. He informed the

same to the Moka Police Station and a case came to be

registered in Crime No.105/2021 for the offences stated

above against unknown persons.

4.

After investigation, charge sheet came to be filed

against three accused i.e. accused No.1-Netravatti

Shivashekarppa, accused No.2-Manjunatha and accused

No.3-Yerramma. During investigation, the Police found

that the deceased Mallikarjuna had illicit relationship

with one Nageswaramma of Yellapura even though he is

having wife and children. He left them and started

residing with the Nageswaramma. Deceased sold his

properties to Nageswaramma and her family. Deceased

did not heed to anybody’s advice. But, subsequently, he

started residing with his wife accused No.3 and his

family members. He started to consume alcohol and

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used to assault accused No.3, his wife and son who is

CW.6.

5.

It is further alleged that as the ill-treatment and

the harassment is continued accused Nos.1 who is the

husband of accused No.3 and accused No.3 decided to

put an end to life of the deceased. Accordingly, accused

No.1 informed accused No.2 over phone on 08.07.2021.

Accused No.2 was residing at Bengaluru and he came to

Ballari on 27.07.2021. Then they took the deceased to a

Residency Bar and Restaurant, purchased the Tetra

pouch liquor and tress passed into forest Moka at about

10.30 p.m. Accused No.1 assaulted the deceased on his

head with a iron rod and caused injuries. The deceased

succumbed to the injuries. It is further alleged that with

an intention to destroy the evidence or cause disappears

of the evidence, they have thrown the mobile phone of

deceased in a Tungabhadra canal. After investigation,

the police have filed a charge sheet against them for the

offences punishable under Sections 302, 201, 120B read

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with Section 34 of IPC and also under Section 24(c) (2)

of Karnataka Forest Act, 1973. The charge sheet in fact

against accused No.2 is under Sections 201, 120B read

with Section 34 of IPC and also under Section 24(c)(2)

of the Karnataka Forest Act.

6.

Learned counsel for the petitioner stated that on

perusing the statement of accused No.3 and also CW.6-

son Shivaraj they does not implicate anything about

petitioner No.2. Learned counsel for the petitioner also

argued that even the entire charge sheet if perused it

does not make out any case against this petitioner,

which is punishable with death or imprisonment for life.

7.

Learned HCGP argued that the voluntary statement

of the accused is recorded and on the basis of the

voluntary statement and other material, charge sheet is

filed. The doctor has also opined that death is due to the

injury caused to the head. Learned HCGP also stated

that the material shows that the petitioner has

committed the offences alleged against him.

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8.

It is evident that the petitioner is residing at

Bengaluru. The entire case of prosecution is based on

the

alleged

motive

i.e.,

deceased

having

illicit

relationship with one Nageswaramma. Fo