This criminal petition is filed by the petitioner-accused No.3

under Section 439 of Cr.P.C., seeking for grant of bail in Crime

No.158/2021 registered by Hukkeri Police Station, Belagavi District

for the offences punishable under Sections 302, 201, 364 and 120B

read with Section 34 f the Indian Penal Code (for short 8IPC9).

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader for respondent-State.

3.

The case of the prosecution is that on the sou-moto

complaint registered by one B. V. Nyamagouda, P.S.I. of Hukkeri

Police Station for the aforesaid offences and the petitioner was

arrested on 21.10.2021. It is alleged that the Police received an

information on 01.10.2021 that the dead body of unknown person

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was found in the Ghataprabha river near Ghodageri village. The

initially registered the same in UD No.32/2021 under Section 174 of

Cr.P.C., and post mortem was conducted then the accused No.1

came and identified the dead body is of his younger brother

Bahubali Kadappa Chougala. Subsequently, the Police except the

accused No.1 and completed the investigation for unknowing death

of the deceased. The accused No.1 did not turned out for the

investigation. Subsequently, the Police arrested the accused No.1-

Ajitkumar who is elder brother of the deceased9s on 19.10.2021.

The voluntary statement was recorded and he has confessed that

the deceased used to quarrel with him and his parents, he is always

insisting for money and demanding his share inspite of his share

already given to him and always quarrelling with his parents by

drinking alcohol. Therefore, the accused No.1 engaged accused

Nos.2 and 3 by giving supari for Rs.5,00,000/- to commit murder of

his own brother. It is further alleged in the charge sheet that the

accused Nos.2 and 3 received Rs.1,00,000/- from the accused No.1

an advance and subsequently they took the deceased-Bahubali by

enticing him to give alcohol. Subsequently, they abduct the

deceased on their motorcycle and committed murder by assaulting

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with iron rod on his head and stabbed on the stomach with sword.

After causing the death they thrown the dead body in the

Ghataparabha river. On the voluntary statement of accused No.1,

the Police arrested this petitioner on 21.10.2021 and remanded to

judicial custody. As the bail petition came to be rejected by the

Sessions Court, hence the petitioner-accused No.3 is before this

Court.

4.

The learned counsel for the petitioner contended that

the petitioner is innocent of the alleged offences and he has been

falsely implicated in this case. The name of the petitioner-accused

No.3 not arrives in the FIR when the dead body was found.

Subsequently on the voluntary statement of the accused No.1 he

has been arrested. The accused No.1 said to be given supari to this

petitioner but nothing has been recovered from this petitioner and

there is no supportive material on the record. The accused No.1

has been granted bail by the Co-ordinate Bench of this Court. The

investigation is completed and charge sheet has been filed,

therefore he prayed for grant of bail.

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5.

Per contra, the learned High Court Government Pleader

has seriously objected the bail petition and contended that this

petitioner-accused No.3 have committed murder of the deceased-

Bahubali by receiving advance supari amount of Rs.1,00,000/- and

they agreed to receive remaining supari amount of Rs.4,00,000/-

from the accused No.1 after committing murder of the deceased.

After committing murder, they taken photographs of the dead body

and showed to accused No.1 they should confirmed that they have

killed the deceased. Subsequently, the mobile phones of the

accused persons were seized and the photos of the deceased dead

body retrieved by the Police from the computer server. The Police

also recovered the blood stained clothes of the accused as well as

weapon used by them for commission of murder. Therefore, there

is a prima facia material placed on record