GOPALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioners/accused Nos.1 and 2 in S.C.No.76/2022 (in CC No.805/2021 in Cr.No.313/2021) of Hunusur Rural Police Station, Mysuru District for the offence punishable under Ss. 302 , 201 , 120B , 34 of IPC pending on the file of the VIII Additional District and Sessions Judge, Mysuru, sitting at Hunusuru.

(2.) Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the Respondent-State.

(3.) The factual matrix of the case of the prosecution is that the wife of accused No.1 was having illicit relationship with the deceased/Krishna and there was a Panchayath in this regard twice and thereafter, accused No.1 hatched a plan along with accused No.2 to eliminate the husband of CW-5 and with the help of J.C.B machine, dug the pit near the land of accused No.1 and removed the mud from the pit. Thereafter, accused No.1 offered the deceased/Krishna to have liquor in his land and when the husband of CW-5 went to the land of accused No.1, after consuming alcohol, accused Nos.1 and 2 assaulted the husband of CW-5 and committed his murder. Thereafter, they cremated the dead the body in the said pit. A complaint was given on 28/11/2021 about missing of the deceased/Krishna. On 30/11/2021, the police apprehended accused Nos.1 and 2 and discovered the body of the deceased/Krishna at the instance of accused Nos.1 and 2 and exhumed the body. Tractor and spade are seized and 164 statement has also been recorded. CW-1 and CW-2 have stated that they have seen accused Nos.1 and 2 along with the deceased and all of them were consuming alcohol and the statement of CW-6 who dug the pit has also been recorded.