BABA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused No.4 is before this Court seeking grant of regular bail under Section 439 of Cr.P.C. in Crime No.207/2020 of Karatagi Police Station, registered initially against unknown persons for the offences punishable under Sections 302 and 307 of IPC and after investigation charge sheet was filed against accused Nos.1 to 4 for the offences punishable under Sections 302, 307 and 109 read with Section 34 of IPC.

(2.) Brief facts of the case are that the informant-Sri Bheemanna, Police Constable on duty lodged the first information on 17.10.2020 with Karatagi Police against unknown persons stating that while he was on beat duty received information regarding some ingredients assaulting a lady and a man infront of the house of one-Sharanayyaswami in Channabasaveshwar Nagar near Ponnapur road. Immediately, he rushed to the spot and found that a lady was lying by the side of the Guttar, with grievous injuries on her head and she has already dead. He also noticed another person lying with grievous injuries and was struggling for life. Deceased lady was aged about 32 to 35 years and injured was also of the same age. He learnt that both of them were husband and wife. He arranged for shifting of the injured to the Hospital in an Ambulance and filed first information and requested the police to register the case. Accordingly, police registered the case and took up the investigation of the case.

(3.) During the investigation, it is learnt that deceased-Triveni is the sister of accused No.1 and she married the injured. That deceased was from Maratha community while the injured belonged to Reddy community. Accused No.1 being the brother and accused No.3 being the uncle of deceased-Triveni, felt humiliate and they thought of killing the deceased and the injured to save the family honour. In this regard, they contacted the accused No.4, who is the neighboring land owner, who in turn introduced accused No.2, who agreed to eliminate the deceased and injured for a supaari of Rs.2,00,000/-. Accused No.4 agreed to receive Rs.50,000/- as his share in the supaari after execution of the work. It is stated that accused Nos.1 and 2 armed with iron rod reached the scene of occurrence, accused No.1 assaulted the injured and caused fatal injuries, whereas accused No.2 assaulted the deceased with iron rod on her head, which has resulted in her death on the spot. It is stated that accused No.3 being the uncle of the deceased and accused No.1, instigated commission of offence and it is said that it is a honour killing .