SIDDARAMAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 and 2 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.73/2019 of Savalgi Police Station for an offence punishable under Section 302 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution in brief is that on 09.07.2019 at about 10.00 am, the complainant one Smt. Suvarna wife of Mallikarjunayya Swatantramatha, has filed a complaint before the respondent-police. She has alleged in the complaint that she is residing with her husband at Jamkhandi and her husband has own house at Bidri village and also owns property which is given for cultivation to one Mahavir Gubchi. On 08.07.2019 at about 9.00 am, her husband went to Bidri village and did not return. On the next day, at about 7.30 am the said Mahavir informed over phone that her husband was murdered in Mallikarjun temple. She and her children and other relatives rushed to the spot and found the dead body lying in the temple with pool of blood. Observing the same, she has stated that somebody has murdered her husband by assaulting with an object on his head between 9.00 pm on 08.07.2019 to 5.00 am on 09.07.2019. On the basis of the complaint, a case was registered for the offence punishable under Section 302 of IPC against unknown persons. During the course of investigation, accused Nos.1 and 2 were arrested and the police after investigation, filed charge sheet. The petitioners on an earlier occasion had approached this court in Criminal Petition No.102140/2019 seeking bail and the same came to be rejected on 02.12.2019. The petitioners again filed bail application in Crl.Misc.No.83/2020 before the trial Court and on hearing the case, the said bail application of the petitioners came to be dismissed by order dated 27.05.2020. Therefore, the petitioners are before this Court seeking bail.

(3.) During the course of arguments, learned counsel for the petitioners submitted that he intends to withdraw the petition with respect to petitioner No.2/accused No.2.