SOMANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under sec. 439 of the Code of Criminal Procedure, 1973 (for short hereinafter referred to as 'Cr.P.C .'), seeking to enlarge the petitioner who is arraigned as accused No.1 on regular bail, in Crime No.101/2021 of Chadchan Police Station, registered for the offences punishable under Ss. 143, 147, 148, 302 , 201, 120(B) r/w Sec. 149 of Indian Penal Code, 1860, (for short hereinafter referred to as 'IPC ') pending on the file of Civil Judge & JMFC Court, Indi.

(2.) In brief, the facts of the case are that the wife of the deceased Smt. Dhanamma Pavale who is the wife of deceased - Shrikant Pavale of Chadchan village has lodged a complaint before police on 7/10/2021 against the petitioner and others on suspicion stating that the petitioner/accused No.1 suspecting the illicit relationship of deceased - Shrikant Pavale with his wife Laxmi/CW.26, decided to murder him. Hence, petitioner/accused No.1 along with four other persons hatched a conspiracy and murdered the deceased and thrown out the dead body of deceased into the Ghat sec. of Koutemankal of Maharashtra State with an intention to destroy the evidence. Hence a case in Cr.No.101/2021 came to be filed before Chadchan police station.

(3.) The police after registering the case conducted the investigation. The petitioner/accused No.1 was arrested on 16/10/2021 and he is in judicial custody. The police after completing the investigation, filed the charge sheet against this petitioner and four others for the offences stated above. The petitioner/accused No.1 has filed bail petition before the Sessions Court in Crl.Misc.No.200/2022, but the said petition came to be rejected by the Sessions Court. Hence, this petition.