SMT. REKHA @ SIDDAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are accused Nos.4 and 5 in Crime No.59/2020 registered by Sindhanoor Town police station for the offences punishable under Sections 143, 147, 148, 504, 302, 307, 427, 109 read with Section 149 of Indian Penal Code, 1860 (for short 'IPC').

(2.) Brief facts of the case are, one Hulugappa S/o Erappa had approached Sindhanoor Town police station on 11.07.2020 and filed a complaint at about 9.45 p.m. alleging that complainant's younger brother Mounesh had fallen in love with one Manjula who is the daughter of Sanna Fakeerappa who is accused No.1 in this case. The said Sanna Fakeerappa is the distant relative of the complainant. Sanna Fakeerappa and his family members were not agreeable for the marriage of their daughter Manjula with Mounesh. In spite of the advise by his family members, Mounesh got married with Manjula and started staying separately and he used to come to the house of the complainant and this had irked accused No.1 and his family members, who developed ill-will against the complainant and his family members. Accused No.1 subsequently married petitioner No.1 herein and she was his second wife. On 11.07.2020 said Manjula who is the daughter of accused No.1 went to her father's house and questioned him as to how he has married petitioner No.1 herein and she quarreled with him on this issue. Her husband Mounesh and other relatives went to the said place and brought her back. At about 4.30 p.m., on the said date, when the complainant's mother Sumitra and sister Sridevi were standing in front of Sridevi's house, even the complainant came there and at that time accused persons came there and started abusing and assaulting the complainant and his family members. When the complainant's father Erappa and brother Nagaraj came to their rescue, the accused persons allegedly assaulted even the said persons. The accused persons also assaulted Tayamma and Revati with weapons. As a result of the assault, totally five people died and two were grievously injured including the complainant. On the basis of the complaint, Sindhanoor Town police have registered FIR in Crime No.59/2020 against five persons. The petitioners were arraigned as accused Nos.4 and 5 in the FIR and they were arrested on 12.07.2020. There afterwards, the police have investigated the case and filed the charge sheet for the offences punishable under Sections 143, 147, 148, 120-B, 504, 448, 427, 307, 302, 114 read with Section 149 of IPC. As per the charge sheet allegations, the petitioners who are named as accused Nos.4 and 5 in the charge sheet have instigated accused Nos.1 to 3 to commit the crime. The overt-act of assault on the deceased persons and also on the injured persons is only against accused Nos.1 to 3. The petitioners had filed application under Section 439 of Cr.P.C. in Crl.Misc.No.1080/2020 before the Court of Principal District and Sessions Judge, Raichur and the same was rejected on 7.01.2021.

(3.) The learned counsel for the petitioners submits that the petitioners are ladies and they are in custody ever since 12.07.2020. He submits that the investigation in the case is completed and charge sheet is filed. According to the charge sheet, the allegation against the petitioners is that they have instigated accused Nos.1 to 3 to commit the crime. He also submits that the first petitioner is pregnant and she is due for delivery on 06.02.2021. In support of this, he has also produced medical records from the Raichur Institute of Medical Science Teaching Hospital, Hyderabad Road, Raichur. He submits that the second petitioner is the co-sister of the first petitioner and she has to take care of the first petitioner. He therefore prays to enlarge the petitioners on bail.