SMT.TEJASHWINI ANKUSH SUTAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 439 Cr.P.C. seeking regular bail in Crime No.37/2021 of Dandeli Rural Police Station registered for the offences punishable under Sections 307, 323, 120B, 448 r/w Section 34 of IPC.

(2.) The factual matrix leading to the case are that, the complainant is a resident of Gavathana Dandeli and the present petitioner is the wife of the complainant. Their marriage was solemnized about 8 years back and they had no issues. It is also alleged that since last one year, the petitioner was not taking care of her husband complainant and was not cooperating with him and always using mobile and chatting with her friends. Though the complainant advised her many times in this regard, but she did not heed to his request. It is also alleged that on 11.06.2021, the complainant received a phone call from unknown person asking him to come at a particular place for discussion in respect of purchase of agricultural land. But the complainant did not entertain the said call, as it is contended by him that he had no friends in Dandeli. It is also alleged that on 11.06.2021 at night hours, he slept in the hall by switching on the light and his wife had slept in the kitchen and around about 11.00 p.m., he found that somebody was throttling his neck and when he opened his eyes, a person was found sitting on his chest and throttling his neck while another person was holding his legs and his wife was standing nearby. When he cried, those two persons ran away from the back door and hearing the noise, his brother and neighbours came there and he narrated them the incident. When it is enquired with the present petitioner, she disclosed that she has given supari to two persons to do away with the life of the complainant with the assistance of accused No.4, who has introduced her to supari killers. In this regard, the complaint came to be lodged. On the basis of the complaint, investigating officer apprehended the present petitioner on 12.06.2021 and was produced before the court and she was remanded to judicial custody. She has moved bail application before the I Additional District and Sessions Judge, U.K. Karwar sitting at Sirsi itinerary at Yallapur and the learned Sessions Judge by order dated 22.07.2021 rejected the bail petition. Hence, the petitioner has approached this court.

(3.) Heard the arguments advanced by the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.