BASAWANTHAPPA Vs. STATE OF KARANTAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos. 2 and 3 under Section 439 of Cr.P.C. seeking bail in Crime No.05/2020 of Doddawad Police Station registered for the offence punishable under Sections 120(B) , 109 and 302 r/w Section 34 of IPC, 1860.

(2.) The case of the prosecution is that a complaint came to be filed on 19.01.2020 with the Doddawad Police Station, Bailhongal alleging that few unknown people have murdered Smt.Shantavva, her son Vinod and her second husband Shivanand. The Investigating Officer arrested the petitioners on the ground that the petitioners-accused Nos.2 and 3 allegedly confessed to have conspired and abetted the commission of the alleged offences and have given a statement before the Investigating Officer that the petitioners and other accused hatched a plan to murder the deceased victims. As per the report submitted by the Investigating Officer , petitioners have allegedly confessed before the Investigating Officer that all the accused hatched a plan to murder deceased victims and in pursuance to the said plan the accused No.1 Shivappa has given effect to the plan by allegedly murdering the said deceased victims. After investigation, Investigating Officer has filed charge sheet against the accused Nos.1 to 4 for the offence punishable under Sections 120(B) , 109 and 302 read with Section 34 of IPC. The petitioner-accused Nos.2 and 3 have approached I Addl. District and Sessions Judge, Belagavi seeking bail in Crl.Misc.No.721/2020 and the same came to be dismissed by order dated 25.06.2020. Therefore, the petitioners are before this Court seeking bail.

(3.) Heard the learned counsel for the petitioners- accused Nos.2 and 3 and learned HCGP for respondent- State.