G.BHEEMA REDDY Vs. STATE

JUDGEMENT

(1.) Criminal Petition No.100766/2020 has been filed by accused Nos.2 and 3 and Criminal Petition No.100825/2020 is filed by accused Nos.4 and 5. Both the petitions have been filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.12/2020 of P.D. Halli Police Station, Ballari, registered for the offences punishable under Sections 143 , 147 , 302 and 114 read with Section 149 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution in brief is that in the year 1996, the complainant (accused No.1) married one Sreemathi and out of their wedlock, they got two issues. When wife of accused No.1 was in second pregnancy, it was found that his wife and child in the womb were suffering from HIV disease and in the year 2006, wife and son of the complainant (accused No.1) died. The marriage of daughter of the complainant (accused No.1)-Kavitha was performed with one Manipal Reddy in the year 2017. Prior to that Kavitha had love affair with one Prakash when she was studying in PUC. This being so, on 08.12.2019, the complainant received a phone call from his son-in-law that Kavitha went along with Prakash leaving the child. Then they lodged a complaint before Gadiganur Police Station on 10.12.2019. On 25.12.2019, the police secured Kavitha and Prakash and advised them but Kavitha did not heed the words and stayed at Kolagal along with Prakash. Thereafter, the complainant and his elder brother Bheema Reddy lodged a complaint before Women Police Station and then they called Kavitha and advised her to lead marital life with her husband i.e., Manipal Reddy. When she expressed her unwillingness to stay with her husband and child, then the accused are said to have taken her to the house of accused No.2-Bheema Reddy and advised to lead marital life with her husband along with the child for which he will give his 4 acres of land. On 10.02.2020 at about 7.00 pm one Shankarabasappa, President of Kannadasena, two ladies and police of PD Halli came and informed about lodging of complaint against accused by Kavitha and directed to attend the police station on 11.02.2020. On the same day at about 8.00 pm, accused Nos.2 to 5 along with the complainant/accused No.1 decided to finish Kavitha as prestige of their family is in jeopardize and accordingly at about 10.00 pm, accused No.2- Bheema Reddy switched off the light, accused No.4- Kashinath Reddy closed the grill gate, door and windows of the house, accused No.1-complainat pulled his daughter Kavitha on the cot and strangulated her with chudidar veil to the neck and then accused No.5- Diwakar Reddy pressed her mouth with the towel and accused No.3-Linga Reddy caught hold her hands and legs and committed murder of Kavitha and then accused No.5-Diwakar Reddy carried the dead body on his shoulder and thrown it in the jowar field. Thereafter accused No.5 advised the complainant-accused No.1 to surrender before the police and lodge a complaint admitting that he himself has committed murder of his daughter. Then the complainant lodged a complaint against all the accused narrating the facts of what has happened. The complaint is registered against all the accused for the aforesaid offences and they were arrested on 11.02.2020. The Investigating officer after investigation has filed charge sheet for the aforesaid offences against accused Nos.1 to 5.

(3.) Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.