(1.) This petition is filed by petitioner-accused No.1 under Section 439 of Cr.P.C. seeking bail in Crime No.173/2019 registered for the offence punishable under Sections 302 and 201 of IPC. The Police, after conducting investigation, filed the charge sheet for the offence punishable under Sections 120B, 364, 114, 302, 201 read with 34 of IPC. The said matter is pending pending on the file of III Addl. District and Sessions Judge, Hassan, in S.C.No.61/2020.
(2.) The case of the prosecution is that the there was a love affair between the daughter of accused No.1 and victim Manju, since there was a prohibited degree of relationship, petitioner-accused No.1 objected their marriage and fixed the marriage of his daughter with another person i.e., C.W.23. But the victim Manju eloped with the daughter of accused No.1 and both of them married. Because of the said marriage, accused No.1 and others conspired to commit the murder of Manju and hired the accused Nos.2 to 5 to commit the murder. Accused Nos.2 to 5 kidnapped Manju and committed the murder and in order to cause disappearance of evidence, the dead body was thrown into the river. Since accused No.1 has instigated the other accused to commit the offence by giving supari, thereby all the accused have committed the alleged offence. The petitioner is arrayed as accused No.1, the bail petition filed by him before the Sessions Court was rejected.
(3.) Heard learned counsel for the petitioneraccused and learned High Court Government Pleader. Perused the charge sheet records.