SHARADA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 to 3 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.34/2022 of Aigali Police Station, Belagavi, registered for the offence punishable under Ss. 302 and 341 read with Sec. 34 of the of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) It is the case of the prosecution is that, One Girish son of Mallikarjun Kokatanur filed a complaint against the petitioners stating that his father came in contact with petitioner No.1/accused No.1 and thereafter married her and subsequently purchased a land in the joint name of himself and petitioner No.1. Subsequently, petitioner No.1 started compelling the deceased Mallikarjun to transfer the said property in her name alone and the deceased Mallikarjun informed the same to the complainant. It is further stated that on 24/2/2022, father of the complainant called him and told that the petitioners started to harass him and compelling him to transfer the said property to her name and at that time, he escaped from the said persons and met the complainant at Hidkal and the complainant advised his father-deceased Mallikarjun not to go to Aigali village and at that time, his father told the complainant that he will return to Aigali and he is ready to face it. It is further stated that on 26/3/2022 in the evening hours, his uncle by name Mahadev Karaveera Shegaovi, who is an advocate, had called the complainant and told that, on that day, at about 12:30pm, the petitioners had murdered Mallikarjun in the shed which is situated in the land belonging to the deceased and further informed him to go to Athani immediately. Thereafter, the complainant and others went to the Government Hospital, Athani and saw the dead body of his father and found some injuries over the body of the deceased. The said complaint came to be registered in Crime No.34/2022 in Aigali Police Station for the offence punishable under Sec. 302 read with Sec. 34 of IPC against these petitioners. The petitioners came to be arrested on 28/3/2022 and they are in judicial custody. Subsequently, charge sheet has been filed against the petitioners for the offence punishable under Ss. 302 and 341 read with Sec. 34 of IPC and case is pending in CC No.2317/2022. The petitioners filed Criminal Miscellaneous No.5414/2022 seeking bail and the same came to be rejected by the learned VII Additional Sessions Judge, Belagavi, sitting at Chikodi by order dtd. 11/7/2022. Therefore, the petitioners are before this Court seeking bail.

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