APPASAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.217/2019 (SC No.341/2019) of Athani Police Station registered for the offence punishable under Sections 498(A) , 302 , 201 of IPC on the file of Addl. District and Sessions Judge, Belagavi.

(2.) The case of the prosecution is that on 12.06.2019 complainant/mother of Urmila filed a complaint before the Athani Police Station stating that her daughter by name Urmila married the accused-Appasab Surade about 13 years ago and out of their marriage two children were born and since the date of marriage Urmila was staying in Vishnuwadi. It is further stated that about 5 yers back, the sister of Urmila by name Shaila came to Vishnuwadi to look after children. Shaila became close to the accused and they were having intimacy. Regarding this there was a quarrel between Urmila and accused and thereafter the accused started suspecting the character of Urmila. Therefore, the said Shaila returned to Miraz to her mothers place.

(3.) It is further stated that on 07.06.2019 accused called the complainant and informed that Urmila has not returned the home since last night. The complainant left to Vishnuwadi and searched around the village. She suspected the accused and therefore she went to Police Station and filed complaint for the offence punishable under Section 302 of IPC. The Athani Police registered the case at Crime No.217/2019 and after investigation filed the charge sheet for the offence punishable under Sections 498(A) , 302 , 201 of IPC. The petitioner earlier approached the trial Court seeking for bail in Crl. Misc.No.2520/2019 and the same came to be rejected. Therefore, the petitioner-accused is before this Court.