This petition is filed by the petitioner/accused No.3 under

Section 439 of the Code of Criminal Procedure, 1973 (hereinafter

referred to as ‘Cr.P.C.’ for brevity) for granting bail in Crime

No.65/2021 registered by the Shankaranarayana Police Station,

Kundapura, Udupi district, for the offences punishable under

Sections 120B, 302, 109, 506 and 34 of the Indian Penal Code,

1860 (hereinafter referred to as ‘IPC’ for brevity).

2.

Heard the arguments of the learned counsel for the

petitioner and the learned High Court Government Pleader for the

respondent/State.

3.

The case of the prosecution is that, one Smt. Jyothi,

wife of the deceased, filed complaint before the police on

06.06.2021 alleging that her husband Udaykumar is an agriculture

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coolie worker. He is said to have applied for No-objection to the

village Panchayat, Yadamogge for digging the bore-well. Accused

No.1-Pranesh was the Chairman of Yadamogge Village Panchayat.

He has harassed her husband and subsequently, accused No.1 and

the present petitioner-accused No.3 stated to have continuously

harassing her husband and threatening with dire consequences. It

is further alleged that on 05.06.2021 at about 7:00 pm, accused

No.1 asked the deceased to come to the road side to talk. Her

husband went outside on his motorcycle and was standing on the

road side. She also went behind her husband. Accused No.1 came

in a car bearing No.KA.20.Z-2067 in a speed and dashed to her

husband. In the said car, accused No.2 and others were also

present. Her husband fell down, immediately accused person got

down from the car and they assaulted with clubs and abused him in

filthy language and went away in the car. Immediately herself and

her father-in-law-CW-22 shifted her husband to the hospital in omni

car and while shifting her husband ambulance also came and they

shifted her husband in the Ambulance. On the way, her husband

died. Hence, she lodged a complaint alleging that accused Nos.1

and 2 and at the instance of this petitioner-accused No.3, they

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committed murder. After registering the case, the police arrested

this petitioner and he was remanded to judicial custody. He had

moved bail petition before this Court which came to be dismissed as

withdrawn with liberty to file a fresh petition by order dated

24.11.2021. Now the petitioner once again is before this Court on

additional grounds.

4.

Learned counsel for the petitioner contended that the

allegation against the petitioner is that, at the instigation of this

petitioner, the other accused committed murder of Udaykumar. It

is also alleged against the petitioner that after giving No-objection,

this accused No.3 is said to have also threatened the husband of

the complainant to mend his ways otherwise they will cancel the

licence. Subsequently, accused Nos.1 and 3 said to have hatched

conspiracy to commit murder of Udaykumar. Accused No.2 is said

to have telephoned to accused No.1 before committing murder and

after committing murder accused No.3 is said to have telephoned to

accused No.1 by borrowing the mobile phone of CW-11 and

subsequently accused No.3 called CW-12 to go to CW-10 and delete

the voice records in the mobile phone but CW-12 is stated to have

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not gone and subsequently, the mobile phones were seized in order

to verify the voice recordings in the mobile phone and were sent to

the Forensic Science Laboratory. The petitioner withdrawn the

earlier petition with liberty to approach this Court after receipt of

voice sample report from the FSL and further contended that now

FSL report is received. There is no voice recordings found in the

mobile phone and therefore, absolutely, there is no evidence

against this petitioner to connect him with the crime. The petitioner

is in custody from 07.06.2021. He is ready to abide any conditions.

Hence, prayed for granting bail.

5.

Per contra, learned High Court Government Pleader

seriously objected the bail petition and contended that accused

No.3 in collusion with accu