JOHN @ ANTHONY MARIYAN Vs. STATE THROUGH

JUDGEMENT

(1.) The petitioner has sought for regular bail under section 439 of Code of Criminal Procedure, 1973 in Crime No.110/2017 of Shorapur Police Station, registered for the offences punishable under sections 302 , 120(B) , 201 read with section 34 of Indian Penal Code, 1860 (hereinafter for brevity referred to as ' IPC ').

(2.) The case of the prosecution is that the accused no.1 had an illicit relationship with CW-10 Tayamma, prior to her marriage with the deceased by name Kumar. Even after their marriage, the accused no.1 was contacting CW-10 on her cell phone and their illicit relationship was continued. The deceased Kumar was suspecting the fidelity of his wife, which also came to the notice of the accused no.1. Hence, to do away with the life of the said Kumar, the husband of CW-10, the accused no.1 hatched conspiracy with accused nos.2 and 3, in pursuance of the same, on 19.04.2017 all the three accused traveled in a tata sumo motor vehicle bearing Reg.No.KA-22 M 8452 and secured the deceased from Jewargi and took him to one hotel-cum-restaurant where they made deceased to consume liquor in a huge quantity. Thereafter, the deceased was taken in the said vehicle towards Surpur. On the way, the accused purchased five litres of petrol. At about 8.30 p.m. the accused persons stopped the Tata sumo vehicle on the side of the road. Accused no.3 held the hands and legs of the deceased, while he was in the Tata sumo and accused no.2 throttled the deceased. Thus, caused the death of the deceased.

(3.) After committing the said murder of the deceased, all the three accused shifted the body to a nearby bridge and beneath the said bridge burnt the said body by pouring petrol on it and putting fire to it. Accordingly, the charge sheet came to be filed against the three accused including the present petitioner who is accused no.2, for the offences punishable under sections 302 , 201 , 120(B) read with section 34 of IPC.