Judgment :- The petitioners are arrayed as accused in Crime No. 75/09 registered for offences punishable under Sections 302 read with Section 34 IPC by Yelandur Police. 2. As could be seen from the first information and the investigation records, that on 10.08.2009 the petitioners 1 and 2, in furtherance of intention to commit murder of deceased Mahadeva, took him to the pump house of the 1 petitioner at Kavudavadi Village and assaulted him with a blunt object and caused his death and thereafter filed from that place. The presence of dead body was brought to the notice of Sub-inspector of Police of Yelandur police Station, who visited the place and submitted a report. A case was registered and the accused were arrested. After investigation of the case, a charge sheet was filed for aforesaid offences. 3. I have heard Sri H. S. Chandramouli, learned counsel for the petitioners and learned Government Advocate for the State. 4. The case of the prosecution rests upon the circumstantial evidence. The circumstance brought on record during the course of investigation may be stated thus: (i) Motive (ii) The deceased was last seen alive in the company of petitioners. (iii) The recovery of a blood stained crow-bar ant the instance of 1 petitioner. 5. The motive to the crime is narrated by CW-1 I.e., the sister of deceased Mahadevu. At this stage, what is stated by CW-1 cannot be treated as motive for petitioners to commit murder of accused. 6. CW-8 is alleged to have seen the deceased in the company of the accused persons during the afternoon of 10.08.2009. CW-5 and CW-6 are alleged to have seen the deceased in the company of petitioner 1 and 2 at about 7.30 p.m. on 10.08.2009. 7. The dead body of the deceased Mahadevu was noticed on 11.08.2009. None of these witnesses had gone to identify the dead body, however, after a period of two months from the date of occurrence, they had made statements to the effect that the deceased was last seen alive in the company of the accused. These witnesses had no reasons to withhold such a vital information for a period of two months. Therefore, at this stage of the case, the circumstances of deceased being last seen alive in the company of the petitioners is not prima facie established. 8. These witnesses had no reasons to withhold such a vital information for a period of two months. Therefore, at this stage of the case, the circumstances of deceased being last seen alive in the company of the petitioners is not prima facie established. 8. The report of the Sub-Inspector of police would reveal that a blood stained craw-bar was lying near the dead body when the dead body was seen on 11.08.2009. It was seized from the place of occurrence. During the investigation. CW-1 and CW-2 have identified the crow-bar in the police station. Therefore, there is no recovery of the bloodstained crow-bar, in terms of Section 27 of the Indian Evidence Act. 1872. 9. At this stage of the case, the incriminating circumstances put forth by the prosecution do not prima facie make out a case for the offences alleged against the petitioners. 10. In view of the above. I pass the following: ORDER The petition is accepted The petitioners are enlarged on bail subject to following conditions:- (i) The petitioners shall execute bonds for a sum of Rs.50.000/-each and shall after two sureties for the like sum to the satisfaction of jurisdictional Committal Sessions Court. (ii) The petitioner shall not intimidate or tamper with prosecution witnesses. (iii) The petitioners shall regularly attend the Court.