LAWS(KAR)-2012-12-210

SUNITHA W/O SHIVANNA Vs. STATE BY KESTHUR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-500001

Decided On December 26, 2012
Sunitha W/O Shivanna Appellant
V/S
State By Kesthur Police, Represented By State Public Prosecutor, High Court Of Karnataka, Bangalore -500001 Respondents

JUDGEMENT

(1.) PETITIONER is arraigned as Accused No. 1 in Crime No. 115/2012 of Kestur Police Station in Maddur Taluk, Mandya District, registered for the offence punishable under Section 302 r/w. 34 of IPC According to the case of the prosecution, the deceased Puttaswamy, resident of Mallanakuppe village in Maddur Taluk, left the house at 9.00 p.m. on 21.09.2012 and did not return till the morning. At about 6.00 am., on 22.09.2012 when Sri. Sunil, S/o. Puttaswamy, was proceeding on his bicycle, by the side of the road, he saw his father lying dead and immediately, he informed his family members. He suspected that since his father was addicted to liquor, he must have fallen there, but, on turning the dead body, he found ligature marks around the neck. He suspected the hand of this petitioner in the death of his father on the premise that his father had illicit relationship with this petitioner and in that background, he must have been killed by this petitioner and others. Thereafter, the said Sunil lodged a report before the jurisdictional police, based on which, the police registered the aforesaid case against this petitioner arraigning her as Accused No. 1, her husband as Accused No. 2, and brother -in -law as Accused No. 3.

(2.) IT appears on coming to know of the registration of the case, the petitioner voluntarily surrendered before the jurisdictional Magistrate and thereafter she was given to police custody for a brief period. During interrogation, the petitioner said to have confessed to the crime and thereafter, she was subjected to judicial custody.

(3.) THE petition is opposed by the Respondent -State.