LAWS(KAR)-2022-8-133

SRIDEVI Vs. STATE OF KARNATKA

Decided On August 02, 2022
SRIDEVI Appellant
V/S
STATE OF KARNATKA Respondents

JUDGEMENT

(1.) Criminal Petition No.102074/2022 is filed by accused No.1 Smt.Sridevi W/o. Ramesh Madigar and Criminal Petition No.102076/2022 is filed by accused No.2 Sri.Basavaraj S/o.Yallappa Harijan. Both the petitions are filed under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.8/2022 of Kittur Police Station, registered for the offences punishable under Ss. 302 and 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and under Sec. 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC/ ST Act ', for brevity) pending in S.C.No.102/2022 on the file of the learned VI Additional District and Sessions Judge, Belagavi.

(2.) The case of the prosecution is that, the case came to be registered on the complaint filed by Sri.Nagappa Yamanappa Madigar in Crime No.8/2022 by Kittur Police Station for the offences punishable under Ss. 302 and 34 of IPC and under Sec. 3(2)(V) of SC/ ST Act against one Sri.Babanna S/o.Basavant karagi and others. The Police after investigation have filed charge sheet against the accused Nos.1 and 2 the petitioners herein. It is during the course of the investigation, the petitioners i.e., accused Nos.1 and 2 came to be arrested on 15/1/2022. At the time of filing the charge sheet, Police left out the said Babanna S/o.Basavant karagi in the charge sheet and charge sheet came to be filed against the petitioners herein who are accused Nos.1 and 2. Earlier, the complaint has been filed alleging that the accused No.1 Sridevi had an illicit relationship with Babanna and therefore, he might have committed the murder of deceased Ramesh who is the husband of accused No.1 Sridevi, who was coming in the way of their relationship. Subsequently, charge sheet has been filed alleging that the accused No.1 Sridevi who went to her parents' place Badas K.H. village as her husband deceased Ramesh ill treated her, where she came in contact with accused No.2 Basavaraj Yallappa Harijan and it led to an illicit relationship between them. Thereafter, the deceased took the accused No.1 Sridevi to his village Marakatti. The deceased Ramesh has also came in contact with accused No.2 Basavaraj when he visisted Badas K.H. village. The accused No.1 Sridevi instigated her husband to borrow money from accused No.2 Basavaraj and sent to him and on 12/1/2022 as per the instructions of wife Sridevi, the deceased Ramesh went to Kittur and met accused No.2 Basavaraj and who together consumed alcohol and thereafter, he in furtherance of the conspiracy between himself and the accused No.1 Sridevi committed the murder of deceased Ramesh by assaulting him with hand on his left ear, face, chest and kicked with his knee on his chest and on his testecles three to four times and pulled his red thread tied with thaytha which was around the neck of the deceased and killed him. Charge sheet came to be filed against these petitioners who are arrayed as accused Nos.1 and 2 respectively for the offences under Ss. 302 and 34 of IPC and under Sec.

(3.) (2)(V) of SC/ ST Act . The accused Nos.1 and 2 who were in judicial custody filed bail petitions in Crl.Misc.Nos.650/2022 & 651/2022 and they came to be rejected by the learned VI Additional District and Sessions Judge, Belagavi by common order dtd. 27/5/2022. Therefore, the petitioners/accused Nos.1 and 2 are before this Court in these two petitions seeking bail. 3. Heard the arguments of the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.