ASHESHAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.No.101412/2022 is filed by the accused Nos.2 and 3, Crl.P.No.101413/2022 is filed by the accused No.1 and Crl.P.No.101415/2022 is filed by the accused Nos.4 to 8 under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.' for short) for granting anticipatory bail in Crime No.43/2022 registered by Kurugod Police for the offence punishable under Ss. 306 read with Sec. 149 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for short).

(2.) Heard the arguments of the learned counsel for petitioners and learned High Court Government Pleader for respondent.

(3.) The case of the prosecution is that one Laxmi w/o. Doddabasappa filed a complaint to the police on 10/3/2022 alleging that on 9/3/2022 both herself and her husband went to their land and returned back to their home. In the evening at 6.00 p.m., her husband went outside of the house and came back. After some time, at 8.00 p.m., the complainant smelt the smell of pesticide and asked her husband about the same. Then her husband told that he has consumed the pesticide and revealed that accused persons stated that the deceased had illicit relationship with Shantamma and told to commit suicide or leave the village otherwise they will kill him and throw his body in a canal. Therefore, he has consumed pesticide at the instigation of the accused persons. Immediately, the complainant shifted her husband to the Government Hospital, Kurugodu and on the advice of the doctor, while shifting him to VIMS Hospital, Ballari, her husband died in the ambulance. Hence, the complaint came to be lodged. After registering the case, the police are making hectic efforts to arrest the petitioners. They approached the Sessions Judge which came to be dismissed. Hence, they are before this Court.