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

regular bail of the petitioners in Crime No.146/2021 of

Gundlupete

Police

Station,

Gundlupete

for

the

offences

punishable under Sections 120B, 302, 201 read with Section 34

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 case is that the deceased

was having an illicit relationship with petitioner No.2/accused

No.3 and when the relationship strained, the deceased started

blackmailing petitioner No.2 stating that he would share the

photographs of their intimacy and also shared the same to CW10

and 12 hence, the petitioners called the deceased to their house

and committed the murder inflicting injury and thereafter he was

thrown out from their house and thereafter the relatives who

have seen the deceased made an attempt to take him to the

hospital but on the way, he succumbed to the injuries and the

case has been registered by the police and after completion of

the investigation, charge-sheet has been filed against these

petitioners and accused No.2 who is the cousin of petitioner

no.1/accused No.1.

4.

The learned counsel appearing for the petitioners

would submit that the case is rest upon the circumstantial

evidence and there are no eye-witnesses to the incident and the

counsel further submits that though the hammer, stone and also

the blood stained cloth were seized, the Court has to take note

of the circumstances in which the alleged incident was taken

place and there was no intention to kill the deceased and if they

are really having an intention to kill him, they have done the

same in the house itself but after assaulting him, he was thrown

out from the house and it appears that it is a heat of passion and

it does not attract Section 302 of IPC and at the most it attract

304 Part-I of IPC and the counsel also submits that the alleged

incident was taken place when the deceased started blackmailing

petitioner No.2/accused No.3 and these petitioners are in

custody from 21.05.2021 and hence, they may be enlarged on

bail.

5.

Per contra, the learned High Court Government

Pleader appearing for the State would submit that though the

case is rest upon the circumstantial evidence, stone and hammer

which was used for committing the murder was seized and also

blood stained cloth of petitioner No.1/accused No.1 was seized

and the counsel submits that the broken teeth of the deceased

also found in the house of petitioner No.1 and the counsel

submits that the Investigating Officer has seized the mobile and

the details of the mobile discloses that before committing the

murder, the deceased was called to the house of the petitioners

hence, there is a prima facie case against these petitioners and

FSL report also discloses that the seized articles are stained with

blood hence, there is a sound circumstances against the

petitioners herein 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 motive for committing the murder is

that the deceased had shared his photographs of having

intimacy with petitioner No.2 to CW10 and 12 and it is also

important to note that the incident was taken place in the house

of these petitioners and also the broken teeth were also found in

their house and apart from that in the hammer and in the stone

which were seized, blood stain was found and the FSL report is

also positive in this regard and though the case is rest upon the

circumstantial evidence, but the material discloses the sound

circumstances against the petitioners that with an intention to

eliminate the deceased, these petitioners secured him to their

house and inflicted injury and the very contention of the

petitioners' counsel is that it was only a heat of passion and

there is no intention to commit the murder of the deceased and

the same has to b