SHANTAVVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.100487/2020 has been filed by accused No.1 and Criminal Petition No.100202/2020 has been filed by accused No.3. Both the petitions have been 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.34/2019 of Dodawad Police Station registered 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) pending on the file of the learned XI Additional District and Sessions Judge, Belagavi, in SC No.426/2019.

(2.) The case of the prosecution in brief is that one Smt. Sushilavva Muneppa Holinaikar is the complainant and Basappa, who is deceased, was the son of the complainant. On 08.07.2019 at about 6.00am Basappa had been to visit Muslim God at Kashanatti near Alnavar and he did not return to the house. As such, the wife of the deceased (accused No.1) and the complainant searched for Basappa but could not find his whereabouts and as such accused No.1 filed a missing complaint before Dodawad Police Station which is registered in Crime No.32/2019. Since one year prior to filing of the complaint, accused No.1 was attending coolie work and at that time, she got acquainted with accused No.2 and developed illicit relationship with accused No.1. It is alleged that one month prior to filing of the complaint, Basappa- husband of accused No.1 caught hold of accused No.2 and accused No.1 red handed and as such there was a quarrel between accused No.2 and the deceased. At that time, the elders by name Arun Tigadi and Maruti Gaddigar settled the same and since then, Basappa was having grudge against accused No.2 and Basappa had threatened accused No.2 that he will not spare him. It is further alleged that in spite of the said grudge by the Basappa, accused No.2 used to visit the house of Basappa, when he used to go to the land. One week prior to filing of the complaint, the complainant had been to the house of the deceased, at that time, she found that the petitioner was washing clothes outside and at that time accused No.1 enquired accused No.2 as to what he had done to her husband and it is alleged that accused No.2 informed that when the deceased had gone to Kashanatti, accused No.2 murdered Basappa with the help of accused No.3 and destroyed the dead body. When complainant peeped inside, accused No.2, on seeing her, went away. The complainant filed a complaint against accused No.1 and two others after discussing the said matter with the elders.

(3.) On the basis of the complaint, Dodawad Police registered a case in Crime No.34/2019 for the offences under Section 120(b) , 302 and 201 read with Section 34 of IPC against accused Nos.1 to 3. After completion of the investigation, the investigating officer filed charge sheet and the case was committed to the Sessions Court and numbered as S.C. No.426/2019 pending on the file of the learned XI Additional District and Sessions Judge, Belagavi.