UDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.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.60/2020 of Murgod Police Station for the offences punishable under Sections 302 , 341 and 450 read with Section 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution that one Mayappa Bheemarayappa Chunchunnura has lodged a complaint with regard to murder of his son Siddappa and a case is registered in Crime No.60/2020 of Murgod Police Station for the offences punishable under Sections 302 , 341 and 450 read with Section 34 of IPC and the said case is registered against accused No.1- Kousalya and two unknown persons. The Investigating Officer has filed charge sheet. The accusation in the charge sheet is that accused No.1-Kousalya had an illicit relationship with accused No.2, who is the petitioner herein, since 5-6 years and therefore she was visiting her parents place and for that the deceased Siddappa-husband of accused No.1, had objected and therefore, accused No.1 was angry with her husband- Siddappa and with an intention to kill him, on 02.03.2020, when the complainant was not in the house, at that time, she made a phone call to accused No.2-the petitioner and secured accused Nos.2 and 3 from Yeragatti and they entered the house on 03.03.2020 and at about 00.30 hours when Siddappa was sleeping on the cot, they, with the rope given by accused No.1, have put around the neck of Siddappa and at that time accused No.1 was holding his hands and they committed the murder of Siddappa. Charge sheet has been filed for the offences punishable under Sections 302 , 341 and 450 read with Section 34 of IPC against accused Nos.1 to 3. The present petitioner who is arrested on 04.03.2020 has filed bail application in Crl.Misc.No.810/2020 and the same came to be rejected on 09.07.2020. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner/accused No.2 and the learned High Court Government Pleader for the respondent-State.