KUNJU KARMOKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.2 has filed this petition under Sec. 439 of Cr.P.C., seeking bail in Crime No. 381/2019 of Hoskote Police Station, pending in SC No.87/2020 on the file of I Additional Sessions Judge, Bengaluru Rural District, Bengaluru, registered for the offence punishable under Ss. 302 , 201 read with Sec. 34 of IPC.

(2.) The case of the prosecution is that, one Somashekar Rao, has filed first information on 25/10/2019 around 4.00 p.m. that he had been to his ragi field, there was some stinking bad smell and he went near and saw a lady's decayed dead body which was nude. The hands and legs were tied with blue colour veil, face was not recognizable and he informed the same to his villagers. They told about the missing of first wife of accused No.1 and he informed the same to the accused and they recognized the body. The first information came to be registered in Crime No.381/2019 for the offence punishable under Ss. 302 and 201 of IPC. After completing investigation, Police filed the chargesheet against the petitioner/accused No.2 and accused No.1, for the offences punishable under Sec. 302 and 201 read with Sec. 34 of IPC. The matter is now pending on the file of I Additional Sessions Judge, Bengaluru Rural District, Bengaluru in SC No.87/2020.

(3.) The accusation in the chargesheet against the petitioner/accused No.2 and accused No.1 is that, deceased was first wife of accused No.1 and accused No.2 is his second wife. Accused No.1 suspecting that deceased was having illicit relation with CW12- Manjunath, used to quarrel with her and on the date of incident, both accused Nos.1 and 2 took her to a field and strangulated her with veil and committed her murder, torn her cloth and tied her hands and legs with veil.