RAHUL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused No.3 under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for short) for granting bail in respect of Crime No.7/2022 registered by Sankeshwar Police, Belagavi District for the offences punishable under Ss. 120B, 302, 451 R/W 34 of Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ', for short) and Ss. 3 and 25(1B)(a) of Indian Arms Act, 1959.

(2.) Heard the arguments of the learned senior counsel Sri.P.P.Hegde for petitioner and learned High Court Government Pleader for respondent-State.

(3.) The case of the prosecution is that one Shivananda Kempanaik Sanganaik who is sister's son of the deceased Shailaja filed complaint on 16/1/2022 alleging that his aunt Smt.Shailaja said to be lending money to public and receiving interest. Accordingly, accused no.1 said to have taken loan of Rs.20,00,000.00 from his aunt. That on 10/1/2022, he along with his brother Doddagowda Kempanaik, Sanganaik were stayed in the down floor of his aunt's house and deceased aunt was in the first floor of the building. His aunt used to take help of complainant as and when required. On the early date of incident i.e on 15/1/2022, deceased said to have informed the complainant that he should not disturb her since she is waiting to receive the money from accused no.1. If they asked me to come somewhere to receive money, she will ask both of them to accompany her. Until she gives ring, she asked not to disturb her. So, both of them do not disturbed her. Inspite of 8 'O' clock in the morning on 16/1/2022, there is no response from her aunt. Therefore, himself and his brother entered the house where his aunt is staying. His aunt was found dead with bullet injuries. Immediately, they informed to the Police and Police said to be arrested accused no.1 and on the voluntary statement of accused no.1, accused no.3 is said to be arrested on 19/1/2022 and he was remanded to judicial custody.