MUNIRAJU K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner-accused No.2 under Section 439 of Cr.P.C. to release him on bail in Crime No.509/2017 of Hebbagodi Police Station (S.C.No.5025/2020) for the offence punishable under Section 302 of Indian Penal Code.

(2.) I have heard the learned counsel Sri.Rajanna B.C. for the petitioner-accused and the learned High Court Government Pleader Sri.R.D.Renukaradhya for the respondent-State.

(3.) The genesis of the case of the prosecution in brief is that accused No.1 got married to CW.7, it was a love marriage and CW.8 is the friend of accused No.1. He used to often visit the house of accused No.1. CW.7 used to tell CW.8 that her husband accused No.1 every day consumes alcohol and abuse and also harass and she is unable to stay with her husband, for some days, she wanted to stay somewhere and requested CW.8 to take her to his house. Without the knowledge of her husband accused No.1, CW.8 took CW.7 to his house on 22.11.2017. It is further alleged that the deceased was knowing that the wife of accused No.1 has been taken away by CW.8, he did not inform the same to accused No.1. On 25.11.2017 at about 6.30 p.m., accused No.1 in a barber shop called accused Nos.2 and 3 and told that the deceased was knowing the fact that his wife has been taken by CW.8 and has not whispered/informed about the same to accused No.1. Accused No.1 said he has to be done away with life and in that light at about 7.30 p.m., accused Nos.1 and 3 called the deceased for consuming alcohol. At bout 8.30 p.m. accused No.1 questioned the deceased, whereas Jagga told that he do not know, resulting in an altercation between the two, at that time accused Nos.2 and 3 caught hold of the deceased and accused No.1 stabbed on the chest of the deceased and also on the right stomach and his back. At that time, accused No.2 has assaulted with a knife on his stomach and back, accused No.3 instigated them not to leave and again accused Nos.1 and 2 stabbed him with a knife on the same place and as a result of the same, the deceased fell down and died. On the basis of the complaint after investigation charge sheet has been filed.