KALESHA R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The sole accused has filed this petition 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.7/2021 of Hadagali Police Station registered for the offence punishable under Sec. 302 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Mallappa has filed the complaint stating that he and his brother are staying separately and his father and mother are staying with his sister deceased-Susheelamma. It is further stated that the petitioner was familiar to his father, mother and his sister, he was moving freely with his sister and managing the family affairs of his sister. Recently, the complainant heard about petitioner threatening his sister on some issue. The petitioner had borrowed huge money from his sister, and she was insisting him to return back the said money and in this regard his sister was irritated with the petitioner's attitude. It is further stated that on 8/1/2021 at about 1.00 p.m., complainant was informed by his wife that the petitioner has attacked his father and sister with sharp weapon and his father and sister were admitted to hospital at Hadagli. Immediately, he and others rushed to hospital and at that time both his father and sister has succumbed to the injuries. The said complaint came to be registered in Crime No.7/2021 of Hadagli Police Station for the offence punishable under Sec. 302 of IPC. The petitioner came to be arrested on 9/1/2021. During the investigation it revealed that the petitioner was having illicit relationship with the deceased-Susheelamma and there was money transaction between them, further on 8/1/2021 the deceased had been to Hadagli to engage the Advocate in civil matter and after finishing the work while returning back from Hadagli, the petitioner took both the deceased on motorcycle to remote place and committed the murder. The charge sheet came to be filed for the offence punishable under Sec. 302 of IPC. The petitioner filed Criminal Miscellaneous No. 5353/2022 seeking bail and the same came to be rejected by the III Additional District and Sessions Judge, Ballari sitting at Hosapete by order dtd. 24/6/2022. Therefore, petitioner/accused is before this Court seeking bail.

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