MALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner - accused No.2 under Section 439 of Cr.P.C. seeking bail in Crime No.40/2020 of Mahalingapur Police Station registered for the offences punishable under Sections 203, 404, 34, 302 and 201 of Indian Penal Code.

(2.) The case of the prosecution that one Naanappa s/o Veerabhadrappa Battal resident of Mahalingapur has lodged the complaint. It is further case of the prosecution that Naanappa's family consist of wife, three children, daughters are married, they are residing in their matrimonial houses and his son Praveen (deceased) is married and his wife - Kavyashree resides along with them and they are goldsmith, his son look after his family business and also agriculture. It is alleged that on 09.05.2020 at about 10.00 a.m. all the family members had breakfast and as it was lockdown period his son thereafter went to flourmill and returned home with the flour at 11.00 a.m. Thereafter, he took his motorcycle and went out saying the complainant that he is going to attend some work. But he did not return home upto 02.00 p.m. for lunch and even he did not turned up till evening. Thereafter, the complainant searched for his son in Mahalingapur, but not traced. He took his relatives in searching his son and they all together searched in various places and neighboring cities, but he was not at all traced. On 11.05.2020 complainant received a phone call from his son's cell number and the caller of phone informed him that his son is kidnapped. Thus, having frightened with the phone call, he approached the respondent - police at 11.30 hours and lodged the complaint against unknown persons for kidnapping his son. The same came to be registered in Crime No.40/2020 for the offence punishable under Section 363 of Indian Penal Code. Thereafter, at about 03.00 p.m. the complainant received a phone call from respondent - police and he was informed that a dead body is found in the well belonging to Jnanadev Polisar and told him to come and identify the same. He went along with his family members and relatives and saw the dead body which was identified to be his son. Thus, the complainant again gave a written complaint against unknown persons to the respondent - police. The Investigating Officer arrested the present petitioner on 19.05.2020 and on interrogation with him while he was in the police custody, he revealed that he had illicit relationship with accused No.1 who is none-other-than the daughter-in-law of complainant and also the wife of deceased - Praveen. They both hatched a plan to eliminate Praveen so that they can enjoy the property belonging to him and they can live happily. Thus, in pursuant to the plan the petitioner alleged to have murdered Praveen at his shop by smothering him with the blanket and eventually informed the same to accused No.1. Then he alleged to have took the gold chain belonging to deceased - Praveen and kept the chain as deposit in Mannapuram finance and took gold loan an amount of Rs.65,000/-. With that amount he paid his dues to CWs.23 and 24. On the next day he put the dead body in the bag and shifted the same with the help of his motorcycle and threw the body into the WELL belonging to CW.13. The Investigating Officer after investigation has filed the charge sheet arraigning the petitioner as accused No.2.

(3.) The petitioner has approached the Trial Court seeking regular bail, but the same came to be rejected. The petitioner has filed the petition in Criminal Petition No.100837/2020 before this Court seeking bail, but same was withdrawn as charge sheet came to be filed during the pendency of the petition. Thereafter, the petitioner has filed a petition in Crl.Misc.No.554/2020 before I Additional District and Sessions Judge, Bagalkot sitting at Jamakhandi, seeking regular bail and same came to be rejected by order dated 08.10.2020. Thereafter, the petitioner is before this Court seeking regular bail.