BYOJYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.3 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.95/2020 of Halavagalu Police Station for the offences punishable under Ss. 120B, 302, 201 read with Sec. 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

(2.) The case of the prosecution in brief is that one Anand Nayak has filed complaint stating that, he is the permanent resident of Madligeri Tanda and he has three brothers and two sisters. His sister by name Samaki Bai was married to one Kotresh Nayak around 14 years ago and due to difference between them Samaki Bail was residing with complainant and was doing coolie work. The deceased Samaki Bai had developed relationship with one Mr. Lokesh Nayak (A1) who had assured to marry her. The deceased had paid him Rupees three to four lakhs. The deceased about one year prior to the incident started demanding the accused No.1 to marry her or to return the amount received by him. It is further stated that, even Duggayya Nayak (A2) had also obtained around Rs.20,000.00 from Samaki Bai about four years back to the incident. On 13/10/2020 at about 10.30 a.m., the deceased came and informed the complainant that the accused No.2 - Duggayya had called her telephonically and told her to receive the dues. Therefore, the complainant left her upto Madlageri village and from there she went to Harapahalli by Tempo. She did not return on that day and on 14/10/2020 at about 2.30 p.m, the friend of complainant namely Mallesh Naik shown the photo of the dead woman which was sent on whatsapp to the complainant which was that of the sister of the complainant. The complainant immediately along with others went to the spot who were informed that the body was taken to the Hospital wherein they identified the dead body and thereafter he filed complaint against accused Nos.1 and 2. In the course of Investigation, the petitioner/accused No.3 came to be arrested on 16/10/2020. After investigation, charge- sheet has been filed against accused Nos.1, 3 and 4 for the offences punishable under Ss. 120B, 302, 201 read with Sec. 34 of IPC. The charge-sheet has not been filed against accused No.2. The petitioner/accused No.3 has filed Criminal Miscellaneous No.5395/2020 seeking bail and the same came to be rejected by the III Additional District and Sessions Judge, Ballari (sitting at Hosapete), by order dtd. 22/1/2021. Therefore, the petitioner is before this Court.

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