LATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.2 under Sec. 439 of the Code of Criminal Procedure, 1973, for granting regular bail in Crime No.130/2021 registered by Tumkur Town Police Station, for the offences punishable under Ss. 302, 201, 109 and 34 of the Indian Penal Code, 1860.

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

(3.) The case of the prosecution is that the complainant is one Sri. Raja Kalyansundaram, who is the son of the deceased-Smt. Ningamma. The police registered the case against the petitioner-accused No.2 and accused No.1 for the alleged offences. It is alleged by him that his brother was married the petitioner and his brother was died long back leaving behind two children and the petitioner. The petitioner was leaving with his mother. Subsequently, there were quarrel between the petitioner and his mother in respect of illicit relationship between accused No.1 and the petitioner herein. The petitioner and accused No.1 decided to commit murder of the deceased-Smt.Ningamma. Therefore, the accused No.2-petitioner herein is said to be went to her parents house and accused No.1 went to the post office on 19/7/2021, where deceased came to the post office for obtaining her pension, where he politely took her to the bank and collected the money and he took her to the petitioner's house backside the Don Bosco school and committed murder by strangulating her throat. Subsequently, he intimated the same to the petitioner. Accused No.2-petitioner herein told him to destroy the evidence and dispose off the body. Thereafter, the accused No.1 took the dead body and placed on the railway track which resulted in dismantling of the body but the head was found to be intact, fearing that the deceased identity would be known and he took the head and threw it into a lorry, where it was found at Ilkal, Bagalakote District and case was registered by the Police. Therefore, accused No.1 was arrested on 27/7/2021 and he was in judicial custody and approached the Sessions Court for granting bail, which came to be rejected. Hence, he is before this Court.