MALLA PPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 and 2 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.03/2021 (S.C.No.9/2021) of Hanumasagar Police Station, registered for the offences punishable under Ss. 302, 201 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

(2.) It is the case of the prosecution that one Kanakappa Jali has filed the complaint on 13/1/2021 stating that his sister Hanumavva was given in marriage to one Hanumappa Daggi of Madikeri village who is the son of petitioner No.1/accused No.1 and brother of petitioner No.2/accused No.2. The said Hanumavva and Hanumappa had no issues and they have 5 acres of land which is fallen to the share of Hanumappa. The said Hanumappa died in the year 2019. After the death of Hanumappa there were differences with regard to cremation and thereafter the sister of complainant Hanumavva started residing at Chalageri with complainant Kanakappa. The deceased Hanumavva had given an application to enter her name in the record of rights around 10 months prior to the date of offence and it was opposed by the petitioner No.2 by filing objections. The petitioners were threatening the complainant and his sister. It is further stated that on 9/1/2021, at about 5 p.m. Hanumavva went to Madikere village stating that she will stay there for a week till the completion of Hanuman festival. On 12/1/2021 at 7 a.m. complainant had been to Madikere village and when he met deceased Hanumavva she told that she will return to Chalageri after completion of amavasya and also told that petitioners are regularly moving infront of her house, due to which she was scared and thereafter complainant went back to his village. On 13/1/2021 at about 12 noon when the complainant was in his field, he received call from his daughter stating that there was call from Madikere and they informed that Hanumavva has sustained burn injuries. Thereafter, complainant along with relatives went to Madikeri and found huge fume in the kitchen room and they removed one of the sheet from house so as to remove the fume and found that the body of said Hanumavva was completely burnt. Complainant and other residents poured the water on the body. There were marks around the neck of the deceased Hanumavva and it is alleged that petitioners have committed the said incident in between the intervening date of 12/1/2021 at about 8 am to 12 noon of 13/1/2021. The said complaint came to be registered in Crime No.3/2021 of Hanumasagar Police station for the offence punishable under 302 and 201 of IPC. The petitioners came to be arrested on 15/1/2021. The Investigating Officer after completion of investigation has filed charge sheet for the said offences. The petitioners filed Crl.Misc.No.29/2021 and the same came to be rejected by Prl. District and Sessions Judge, at Koppal by order dtd. 1/6/2021. Therefore, the petitioners are before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.