SUJI MANJU @ MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above petition is filed by the petitioner-accused No.2 seeking to be enlarged on bail in respect of Crime No.140/2018 for the offences punishable under Sections 302, 201, 120(B) read with Section 34 of IPC and to set aside the order dated 01.04.2019, passed by the II-Additional District and Sessions Judge, Ballari in Crl.Misc.No.198/2019.

(2.) The case of the prosecution is that accused No.1 is the wife of deceased-Nagaraj and out of their wedlock, they have got three children. Accused No.1 used to go to coolie work for plucking chilies for last three years and accused No.2 was also doing the same work. Both of them developed illegal intimacy with each other, they were caught red handed by the deceased in the house of the deceased. The deceased assaulted accused Nos.1 and 2 and warned them not to indulge in the same act once again. Thereafter, the deceased used to assault accused No.1 on several occasions. Hence, accused Nos.1 and 2 conspired with each other to do away with the life of the deceased and as such on 12.11.2018 at about 11:15 p.m., when the deceased was sleeping in the house, accused No.1 assaulted with pestel on his head, when the deceased did not die, accused No.2 assaulted him and on the death of the deceased they put the body in a plastic bag and kept it in the neighboring house. Later on with the help of accused No.3 they took the body and dumped the same in the salt water cannel situated in between Yelubenchi and Sriramarangapur village. The PDO, Yelubenchi on 13.11.2018 at about 7:00 p.m. filed a complaint stating the villagers had complained of a dead body floating in the canal. The body was removed from canal, thereafter identified and complaint came to be registered against the unknown persons.

(3.) Subsequently, after recording the voluntary statement of accused No.1, accused Nos.1 to 3 were arrested on 17.11.2018 since then accused Nos.1 and 2 have been in judicial custody. Accused No.3 has been enlarged on bail by way of order dated 17.09.2019, by this Court in Crl.P.No.101206/2019.