RAVINDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.116/2019 of Shiggaon Police Station registered for the offences punishable under Sections 302, 397 R/W Section 34 of IPC.

(2.) The case of the prosecution is that one Ramanath Vittappa Choudari has filed complaint stating that his sister Smt.Shantabai W/o Gangadhar Malavade was given in marriage to one Gangadhar Krishnappa Malavade and they had four sons and one daughter and all the children are married are living separately and husband of Shantabai died nine years back and she is living alone at Shiggaon. It is further alleged that Smt.Shantabai called him over phone on 15.08.2019 and invited him for Rakhi festival and thereafter on 17.08.2019 at about 9.00 a.m. the son of his sister namely Maheshwar called him over phone and informed that his sister Shantabai has expired due to heart attack and he along with his three brothers went to Shiggaon and saw the dead body of his sister and found that there were injuries over the body accordingly he had lodged the complaint alleging that some persons might have committed murder of his sister. On the basis of the complaint, Shiggaon Police have registered the case in Crime No.116/2019 against the unknown persons for the offence punishable under Section 302 of IPC. The police after investigation have filed charge sheet for the offences punishable under Sections 397 and 302 of IPC. In the charge sheet it is alleged that petitioner-accused No.1 and his wife went to the house of deceased asking for her gold ornaments for repayment of their loan and when she refused to give, they tied her on the cot and smothered her with pillow by sitting on her body and robbed her gold ornaments and went away by opening the gas and keeping a small burning lamp. The petitioner and his wife tried to commit suicide by consuming poison and wife of the petitioner i.e. accused No.2 died on 25.08.2019 at KIMS Hospital, Hubballi. The Police arrested the petitioner- accused No.1 on 17.08.2019. The petitioner-accused No.1 filed bail application before I Addl. District and Sessions Judge, Haveri in Crl. Misc. No.87/2020 and the same was dismissed by order dated 26.02.2020. Therefore, petitioner-accused No.1 is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused No.1 and learned HCGP for respondent-State.