HASANSAB BEVINGIDAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner before this Court seeking for cancellation of bail granted by the Principal Sessions Judge, Belgaum in Criminal Misc.No.452/2019 for the offences punishable under Sections 341, 302, 201 and 120-B r/w 34 of IPC arising from Murgod P.S. Crime No.287/2018.

(2.) The petitioner is before this Court was the original complainant who had filed a complaint before the Gokak Rural P.S. Crime No.184/2017 stating that she was residing at Mamadapur village along with her husband since last more than 10 years. She was the second wife of Mehboobsab Bevingidad and they were together doing vegetable business and leading happy married life. On 15.08.2017, her husband had been to the market at Hirenandi but did not return. She enquired with the villagers, when she was informed that her husband had not come to the market hence she filed a missing complaint before the Gokak Rural P.S. on 16.08.2017. The police found the dead body of her husband at Dasnal canal on 21.08.2017. On 22.08.2017, the petitioner had lodged one more complaint before the police which came to be registered as P.S.Crime No.287/2018 for the offences punishable under Sections 302 and 201 of IPC. After investigation, the police filed charge sheet against the respondent Nos.2 and 3 herein who are accused Nos.1 and 2 therein for the offences punishable under Sections 341, 302, 201, 120B r/w 34 of IPC.

(3.) Respondent Nos.2 and 3 preferred an application under Section 439 of Cr.P.C., seeking for bail. The trial Court vide its order dated 18.03.2019 was pleased to grant bail to the petitioners by imposing certain conditions. The said bail was granted by the Sessions Court on the ground that the charge sheet has been filed against the accused and their presence in judicial custody was no longer required. Hence, among other conditions imposed, there are specific conditions imposed that the petitioners shall not tamper with the prosecution witness/evidence or involve themselves in any offences.