HANUMANTHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The learned counsel for the petitioner and the learned High Court Government Pleader are heard.

(2.) The petitioner had earlier filed a petition under Section 439 of Cr.P.C in Crl.P.No.3043/2021 after a similar application before the District and Sessions Judge, Bengaluru was rejected. As these petitions were filed before the charge sheet, the petitioner was permitted to withdraw the Crl.P.No.3043/2021 with liberty to file a fresh application before the Sessions Court. The petitioner's subsequent application in Crl.Misc.No.4457/2021 on the file of the LV Additional City Civil and Sessions Judge, Bengaluru, is rejected by the order dated 04.06.2021.

(3.) The prosecution's case is that the first information is registered in Crime No.72/2021 on 16.02.2021 at 6:45 p.m., by the Rajagopal Nagar Police Station for the offences punishable under Sections 302, 120B and 34 of IPC and under Section 25- 1(B) (b)4 of the Arms Act, 1959 against three accused named Nanjesh (Accused No. 1), Akash (Accused No. 2) and Deepak (Accused No. 3) and certain unknown persons on the first information lodged by the deceased, Sri. Chethan's father, Sri. Nagaraju. Smt. Bhoomika and the deceased were in love, and her family, despite being aware of this interest between them, compelled Smt. Bhoomika to marry a certain Sri. Vijaya Kumar. However, Smt. Bhoomika, who was not keen on the marriage, insisted upon the deceased to take her away from her matrimonial home. The deceased took Smt. Bhoomika from her matrimonial home, and her father lodged a missing complaint with the Kunigal Police on 03.12.2020. The Kunigal Police could locate the deceased and Smt. Bhoomika and all the concerned viz., the family members of Smt. Bhoomika, the deceased and Sri. Vijaya Kumar were called to the police station and there was a settlement. The deceased and Smt. Bhoomika shifted to Bengaluru and they started residing in Laggere, Bengaluru.