ALLABHAKSHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/Accused No.1 under Sec. 439 of Cr.P.C. seeking regular bail in Crime No.1/2021(C.C.No.823/2021) of Vinobanagara Police Station, registered for the offences punishable under Ss. 498A and 302 of IPC, pending on the file of I Addl. Sessions Judge, Shivamogga in S.C.No.77/2021.

(2.) The allegations of the prosecution is that the complainant is the mother of the deceased and she had three children and deceased was her third daughter. It is further alleged that her deceased daughter was initially married to Sadiq for about 5-6 years back and later on there was no cordial relationship between them and as such she had taken Talaq from him and staying with her mother. It is further alleged that subsequently the deceased fell in love with the petitioner/accused who was a married person and it is also alleged that they started to reside near Annapoorneshwari Temple, Bommanakatte. It is also alleged that accused used to ill-treat the deceased all along and though this fact was within the knowledge of the complainant she was not able to advise him because of his attitude. The further allegation of the prosecution disclose that petitioner used to bring the deceased to the house of the complainant and drop her in the morning while proceeding for work and at 1.00 clock while returning, he used to again pick her and used to take her to his house. It is alleged that on 5/1/2021 at about 9.00 a.m. the petitioner dropped the deceased in the house of the complainant and at 1.00 p.m. he returned by consuming liquor and took away the deceased with him. Around 2.00 p.m. the complainant received a telephonic call regarding her daughter being murdered in a suspicious manner and immediately she went to the house of the deceased and found that her daughter was dead as a result of strangulation and a ligature mark was around her neck and a cable wire was also lying there itself. In this regard she lodged a complaint against the present petitioner. The petitioner was arrested and was remanded to judicial custody. Subsequently, the investigating officer completed the investigation and submitted a charge sheet against the accused for the offences under Ss. 498A and 302 of IPC.

(3.) The petitioner has approached the learned sessions judge seeking regular bail and his bail petition came to be rejected. Hence, he is before this Court.