HRI RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.1 under Section 439 of the Cr.P.C. seeking bail in Crime No.98 of 2017 of Katakol Police Station, (S.C. No.239 of 2017 pending before 3rd Addl. District and Sessions Court, Belagavi) registered for the offences punishable under Sections 302, 201 read with Section 34 of the IPC and Sections 3(1)(r) (w), 3(2)(V) of SC/ST (POA) Act, 2015,

(2.) The case of the prosecution is that on 20.05.2017 at about 10:00 hours one Shri Timmanna Mudakappa Talawar filed a written complaint against the petitioner-accused No.1 and two others in Katakol P.S. and the same came to be registered in Crime No.98 of 2017 for the offences punishable under Sections 302, 201 read with Section 34 of the IPC and Sections 3(1) (r) (w) , 3(2)(V) of SC/ST (POA) Act,1989. In the complaint, it is alleged that about one year ago the complainant's younger sister Savakka purchased one gunta plot from the land of Basavappa Hulagaj janavar and they constructed temporary shed over it and residing in it and adjoining to the said plot, accused No.1 - Ramesh was having his land and he was having a borewel l in it and the deceased - Savakka used to go there for collecting water from the said borewell and they developed illicit intimacy. The petitioner - accused No.1 advanced loan of Rs.50,000/- to Savakka for construction of house. Her husband Neelappa came to know about the illicit relationship and there was a quarrel between Neelappa and the petitioner - accused No.1. The elders of the village pacified and warned the petitioner to stop the relationship. Savakka and her husband refused to repay the loan amount of Rs.50,000/- to petitioner - accused No.1 and the same is irritated the petitioner, but he continued the illicit relationship with Savakka.

(3.) On 09.04.2017 at about 10:00 a.m. the complainant's wife Renuka and his younger sister Savakka went to Aladakatti village for death anniversary of their relative Ningappa Talawar and they did not return till 6:00 p.m. and the complainant's son Krishna called Renuka over phone and asked about her whereabouts and she replied that they have come to Yaragatti and are waiting for transport. They did not return till 9:00 p.m. and when they tried to contact, her phone was switched off. Then on the next day, they searched for both of them, they could not be traced. Then on 11.04.2017, the complainant filed missing complaint with Murgod P.S., which came to be registered in Crime No.104 of 2017.