BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C. seeking bail in Crime No.143/2020 of Ghataprabha Police Station registered for the offence punishable under Section 307 R/W Section 34 of IPC.

(2.) It is the case of the prosecution that one Laxman S/o Ramappa Hulakund filed complaint and contended that he and accused No.1 got married seven years back and they have two children and he is staying along with his mother, wife and children. Near to his house petitioner-accused No.2-Basavarj is staying and the said petitioner-accused No.2 is having illicit relationship with his wife for the last two years. It is further alleged that in this regard complainant, his mother and elderly persons by name Sri.Shivappa Mardi and Ravi Gadad have advise petitioner- accused No.1 that not to talk with petitioner-accused No.2 and despite the same they continued their illicit relationship. It is further alleged that on 24.06.2020 at about 1.00 p.m. when the complainant asked his wife to give meals and accused No.1 provided two roties, sabji and sambar. While taking the food, the complainant noticed some shining object and when he called upon his mother and elderly persons Sri.Shivappa Mardi and Ravi Gadad and also called the person knowing about the shining object over phone and enquired about the shinging object and he informed that it is "Padarasa(Parz)" and upon subsequent to an enquiry made with his wife she has informed that the said object was given by petitioner- accused No.2 and she has mixed the object with the meals. When he started uneasiness, his mother and younger brother by name Dundappa took him to Ghataprabha K.H.I. hospital and admitted him and he is taking treatment for the same. The complainant filed complaint on 29.06.2020 in Ghataprabha Police Station and the same is registered in Crime No.143/2020 for the offence punishable under Section 307 r/w Section 34 of IPC. The Police arrested the petitioner-accused No.2 on 24.07.2020. Petitioner has filed bail application before XI Addl. District and Sessions Judge, Belagavi and the same is rejected by order dated 24.08.2020. Therefore, the petitioner-accused No.2 is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused No.2 and learned HCGP for respondent-State.