SIKANDAR MAKTUMSAB SHIRAKOL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.2 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.157/2019 of Kittur Police Station for the offences punishable under Sections 120(B) , 302 and 201 read with Section 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that one Smt. Shashikala had filed a complaint before Kittur Police stating that her husband-Manjunath, who was in the habit of consuming alcohol, under intoxicated state of mind, has fell down from a bridge near Dombarkoppa, near Durgamba Dhabha on NH-4 service road, Kittur. The police took statements and registered a case in UD No.47/2019 under Section 174 of Cr.P.C. on 23.11.2019. Subsequently, the father of the deceased namely Mahadevappa Shivpuji filed a complaint on 13/12/2019 before the respondent police, alleging that her daughter-in-law-Shashikala along with the petitioner conspired and killed his son. Based on the said complaint, the respondent-police registered a case in Crime No.157/2019 against two persons for the offences punishable under Sections 120(B) , 302 and 201 read with Section 34 of the IPC. The petitioner was arrested on 15.12.2019. The police, after investigation, have filed charge sheet for the aforesaid offences. The petitioner filed bail application and the same came to be rejected by the learned X Additional Sessions Judge, Belagavi by order dated 02.06.2020 in Crl.Misc.No.238/2020. Therefore, the petitioner is before this Court seeking bail.

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