SUREKHA Vs. STATE

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.2, on bail in Crime No.81/2022 of Santhpur Police Station Dist: Bidar, registered for the offences punishable under Ss. 120(B), 109, 302 and 201 read with Sec. 34 of Indian Penal Code (' IPC ' for short), on the file of the Prl. District and Sessions Judge, Bidar in S.C.No.59/2022.

(2.) It is the case of the prosecution that complaint came to be filed by one Reshmabai who is mother of the deceased stating that she has got two sons by name Shivakumar aged about 40 years and Vijayakumar aged about 38 years. Smt. Surekha - petitioner got married to his son - Shivakumar and they have got daughter Aishwarya aged about 15 years and Amaranath aged about 07 years. It is alleged that there is dispute between the neighbourers in respect of the Katta i.e.., bund of their land with one Sharanappa Kenhca. On 5/12/2021 at about 08.00 a.m. the deceased went to land to bring fodder for animals, but he did not come back till 10.00 a.m. Complainant went to land and found the dead body of her son in the middle of the land which is having Toor Crops. She also found that someone assaulted his son on his neck with sickle and stick. Hence, she has lodged a complaint against two persons namely Sharanappa and Bhadrappa. Thereafter, the police took the investigation. During the course of investigation she came to know that accused No.1 - Omkar as per the charge sheet, developed the intimacy with accused No.2 - Surekha wife of the deceased for the last 06 to 07 years. It is also alleged that the accused No.1 had physical relation with accused No.2 - Surekha. It is further alleged that four months prior to this alleged incident, the said deceased has seen his wife and accused No.1 in compromising position in their house and from that time he started ill-treating the petitioner and having grudge against accused No.1 and this petitioner. The deceased warned his wife - accused No.2 not to meet the accused No.1 - Omkar. It is further alleged that accused No.1 gave voluntary statement stating that he intends to eliminate the deceased to continue illicit relation with the petitioner. Hence, accused No.1 and 2 made conspiracy to eliminate deceased. In further conspiracy the accused No.1 assaulted the deceased with sickle and stick. After the investigation the police have filed the charge sheet. The petitioner is arrested and he is judicial custody. His bail petition came to be rejected by the Trial Court. Hence, the petitioner has filed this petition.

(3.) Heard Sri. Anilkumar Navadagi, learned counsel for the petitioner and Sri. Gururaj V. Hasilkar, the learned High Court Government Pleader.