AVVANEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused under Section 439 Cr.P.C. seeking bail in S.C.No.19/2020 (Crime No.0116/2019 of Bilagi Police Station C.C.No.33/2019) pending before the learned District and Sessions Judge, Bagalkot for the offence punishable under Section 302 I.P.C.

(2.) The prosecution case is that on the complaint filed by the younger brother of the victim deceased, the police have registered the case. The allegations are that his elder sister- Manjula had completed her college education and her engagement ceremony was performed with their relative by name Umesh Rathod about two years back, but the marriage was not performed. Meanwhile his elder sister had developed friendship/intimacy with the petitioner-accused by name Avvaneppa for the past 2 to 3 years. Despite the advice by the elders, they had not stopped their friendship. Her sister had informed that she would not be allowed to live if she does not marry him. But the family members had kept quite in order to preserve the family prestige. On 30.08.2019 night at about 8.00 p.m. her sister was talking to someone over the mobile phone and all the family members watching TV at home. She did not return home till 11.00 p.m. When they searched at nearby places, her dead body was found in the toilet situated at the backside of Harishchandra Lamani. The complainant suspects that the accused-Avvaneppa has committed the murder of his sister as she had refused to marry him.

(3.) On registering the case, the police have conducted the investigation and submitted the charge sheet for the offence punishable under Section 302 I.P.C. The accused was arrested on 01.09.2019 and he is in custody since from the date of arrest. The bail petition filed by the petitioner before the Sessions Court is rejected.