MARUTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos. 6 to 8 under Section 438 of Cr.P.C. seeking bail in Crime No.56/2020 of Khanapur Police Station registered for the offence punishable under Sections 304 , 202 of IPC and Section 3(2)(va) , SC/ ST Act , 2015 and Section 25 of Indian Arms Act.

(2.) The case of the prosecution is that one Tejaswini Tanaji Naik of Amate Village in Khanapur Taluk has filed complaint and in the said complaint, she stated that she is residing with other family members at Amate Village and they are having landed properties and are doing agricultural work. On 10.03.2020 at about 4 p.m. the mother-in-law of the complainant went for grazing the cattle to their land and while grazing, the cattle went in the forest and they have searched for the cattle but not traced out and she returned to her house. On 11.03.2020 at about 9 a.m. early in the morning once again the complainant's relatives went in for searching the cattle and the complainant went for washing the clothes at the nearby lake. At that time, one Dhondu Nayak has told that the complainant's husband is attached by bear and Devidas Rajaram Gaonkar informed the same to him. So, the complainant returned home and the people gathered infront of her house and the complainant along with others went to the forest and observed her husband's body was lying in the forest and he sustained injury on his right ear, forehead and on the backside and he died. At that time it was 3 p.m. The complainant filed complaint and the same is registered in Crime No.56/2020 of Khanapur Police Station. And case came to be registered UDR and later the complainant learnt that her husband has been murdered and also coming to know that some bullets found in his body as per say of the doctor and the village people were also talking about the genuineness of the murder of her husband deceased Tanaji. It is further alleged that her husband was accompanying Accused No.1-Devidas Rajram Gaonkar, Accused No.2-Santosh Soma Gaonakar, accused No.3-Vitthal Ganapati Naik, accused No.4-Rama Ganapati Naik and Accused No.5-Prashant Sutar and some others and for unknown reason they have killed her husband and with an intention to suppress the genuine fact they have blocked the body and creates a false story that bear had attacked her husband. The complainant requested the Police to take action against the above said accused. Police registered the case and arrested the accused Nos.1 to 5. The Police suspected that the present petitioners- accused Nos.6 to 8 have also accompanied accused Nos.1 to 5 and searching them. Therefore, the petitioners- accused Nos.6 to 8 filed application seeking anticipatory bail and the same came to be rejected by III Addl. District and Sessions Judge, Belagavi. Therefore, the petitioners are before this Court seeking anticipatory bail.

(3.) Heard the learned counsel for the petitioners- accused Nos.6 to 8 and learned HCGP for respondent- State.