AVVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners / accused Nos.4 and 5 under Section 439 of Cr.P.C., for grant of bail in Crime No.47/2020 of Basavan Bagewadi Police Station for the offences punishable under Sections 120- B, 202, 302 R/w Section 34 of IPC and Section 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short, 'the SC/ ST Act ').

(2.) Brief facts of the case are that the FIR has been registered against the accused by respondent No.1 - Police on the basis of complaint given by one Smt. Tarabai W/o Damu Naik @ Lamani of Narasalagi Tanda. The complainant alleged that she is residing with her husband Damu S/o Gadadurappa Naik and four children. Her husband Damu being the Chairman of Madiwaleshwar Education Society, Kanakal, under which few Schools are being run in various places. He had married one Prema of Mangalore of their own community about 25 years back who is working as head mistress of New High School in B.Bagewadi. It is further alleged that her husband Damu use to stay in President's room of New High School, B.Bagewadi and some times, he use to visit the house of complainant. On 25.02.2020, when the complainant was in the house, one Kumal Hanamant Lamani of their Narasalagi Tanda came to their house and informed that Damu was murdered in the New High School during last night itself. Therefore, the complainant along with few persons came near the spot and saw the dead body of her husband. She suspected Prema, the second wife of deceased and she has given complaint. On the basis of complaint, respondent No.1 - police have registered the FIR in Crime No.47/2020 for the offences punishable under Sections 120-B, 202, 302 R/w Section 34 of IPC and Section 3(2) (va) of SC/ST (PA) Act.

(3.) The police have started investigation and have arrested one Ashok who is accused No.1. On his confession statement, the petitioners have been arrested. The police have filed chargesheet against the petitioners i.e., accused Nos.4 and 5 for the offence punishable under Section 202 R/w Section 34 of IPC. The petitioners have filed bail petition before the Sessions Court in Criminal Miscellaneous No.264/2020. The same has been rejected by the Sessions Judge on 04.05.2020. Hence, the petitioners have filed this petition seeking for bail.