1.

Accused no.4 in Crime No.229/2023 registered by

Srinivasapura Police Station, Kolar District, for the offences

punishable under Sections 302, 201, 363, 342, 34 of IPC, is

before this Court under Section 439 of Cr.PC.

2.

Heard the learned Counsel for the parties.

3.

On the basis of the complaint lodged by Krantikumar

dated 18.07.2023, FIR in Crime No.229/2023 was registered by

Srinivasapura police against Somashekhara and three others

for the aforesaid offences. In the FIR, petitioner is arrayed as

accused no.4.

4.

In the complaint, it is averred that complainant's son

Rakesh had gone to college on 17.07.2023. However, he had

not returned home on the said date. On enquiry, complainant

learnt that on 17.07.2023 in the morning hours when his son

Rakesh was sitting along with Vedanth in Sagar Chats at

Srinivasapura, the accused persons came there and took

Rakesh along with them. Subsequently, complainant was

informed that dead body of Rakesh was found in the pond dug

up in fields for storing rainwater, belonging to Gopalakrishna of

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Challiganahalli village and the complainant suspected that the

accused persons had assaulted and murdered his son Rakesh

and thereafter, thrown the dead body in the pond of

Gopalakrishna. It is in this background, complainant had

approached the police and lodged the complaint, which had

resulted in registering FIR in Crime No.229/2023.

5.

During the course of investigation in the said case,

petitioner was arrested on 18.07.2023. His bail application filed

before the Prl. District & Sessions Judge, Kolar, in Crl. Misc.

No.626/2023 was dismissed on 11.08.2023. Therefore, he is

before this Court.

6.

Learned Counsel for the petitioner submits that the

petitioner is aged about 68 years and he has no criminal

antecedents. He submits that he is in custody for the last more

than two months and absolutely there is no material to connect

the petitioner to the crime.

7.

Per contra, learned HCGP has opposed the petition and

she submits that investigation is in progress.

8.

FIR in Crime No.229/2023 was registered based on the

complaint of Krantikumar who is the father of deceased

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Rakesh. It is alleged in the complaint that the accused persons

had taken Rakesh along with them when he was sitting in

Sagar Chats on 17.07.2023. Since the deceased was last seen

along with the accused persons, the complainant suspected the

hands of the accused in the crime. It is in this background, the

complainant had approached the police and lodged the

complaint.

9.

During the course of investigation, accused nos.1 & 4

were arrested on 18.07.2023 and on the said date itself,

accused nos.1 & 4 were remanded to judicial custody. In the

remand application, it is mentioned that confession statement

of accused nos.1 & 4 was recorded. Subsequently, accused

no.2 was arrested on 25.07.2023. Even in his remand

application, it is mentioned that the confession statement of the

said accused was recorded.

10.

During the course of hearing of this petition, this Court

had directed the HCGP to secure the records and also to get

instructions in the matter regarding the progress in the

investigation. Learned HCGP was also directed to find out

whether the arrested had confessed to the crime.

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11.

On instructions from the Investigation Officer, learned

HCGP had submitted that except the confession statement of

accused no.1, the confession statement of other accused

persons who have been arrested was not recorded. However,

from the reading of the remand applications since it was found

that the confession statement of accused nos.2 & 4 was also

recorded, learned HCGP was directed to keep the Investigation

Officer present before the Court and also file an affidavit with

regard to the contradictions found in the remand applications.

Though accused no.4 was shown arrested in the first remand

application, in the second remand application he was shown

absconding.

12.

Today, the Investigation Officer has filed an affidavit

stating