Karnataka High Court: A Single Judge Bench comprising of John Michael Cunha, J., decided a criminal petition filed under Section 439 CrPC, wherein the petitioners- Accused 2 and 3, were enlarged on bail, holding that the circumstantial evidence against the petitioners placed on record was not sufficient to extend the custody of the petitioners.
The petitioners were booked under Sections 143, 147, 148, 302, 323, 363, 506 read with Section 149 IPC. It was alleged that the petitioners caused death of the deceased. Learned counsel for the petitioners submitted that the case against the petitioners was based on suspicion. And the evidence collected by the prosecution was too week to connect the petitioners to the alleged crime. He submitted that the investigation in the case was complete and hence, the petitioners may be enlarged on bail.
The High Court perused the record and found that the case of the prosecution was based on circumstantial evidence. The circumstance relied on by the prosecution was the last seen theory. However, there was no clear material as to the motive behind the alleged crime. Therefore, taking into consideration all the facts and circumstances, the Court held that it was not proper to extend the custody of the petitioners solely by way of punishment. Accordingly, the petitioners- accused 2 and 3, were enlarged on bail. [Jameer v. State of Karnataka, Crl. Petition No. 100086 of 2018, order dated 23.3.2018]