JAGANNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short), seeking to enlarge the petitioner, who is arraigned as accused No.4, on bail in Crime No.10/2022 of Dhannur Police Station, Dist: Bidar, registered for the offences punishable under Ss. 364, 201, 120(B) and 302 read with Sec. 34 of Indian Penal Code (' IPC ' for short), on the file of Principal Civil Judge and JMFC at Bhalki.

(2.) It is alleged by the prosecution that on the basis of complaint lodged by father of the deceased the said case came to be registered. It is stated that on 18/1/2022 the complainant and his children by name Sunil, Anand @ Goradh, Kartik Rahul and Radik and his wife Indumati and one Ashok who is the friend of Sunil had dinner at about 10.30. p.m. and slept in their house. On 19/1/202 at about 05.00 a.m. when the complainant wake up, he found that his son Sunil is not there. Thereafter, he searched for him, but he did not found whereabouts the said Sunil. On 22/1/2022 at about 10.00 a.m. the complainant came to know that at Koutha (B) Village Bridge near Manjra River, a dead body was found in a suspicious manner. They found that it is dead by of Sunil. Based on the complaint filed by the complainant a case came to be registered in UDR.No.1/2022. Thereafter, the police have investigated the case and filed charge sheet against the four accused persons, including this petitioner. It is contended that accused No.3 - Ashok developed illicit relationship with Accused No.1 - Archana. In this regard there is a quarrel in the family of the deceased - Sunil. Thereafter, accused No.1 with the help of accused Nos.3 and 4 committed murder of Sunil. The bail petition filed the petitioner came to be dismissed by the Trial Court. Hence, the petitioner has filed this petition.

(3.) Heard Sri. Ganesh Naik, learned counsel for the petitioner and Sri. Gururaj V. Hasilkar, the learned High Court Government Pleader for the respondent - State.