R.BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused under sec. 439 of Cr.P.C., for granting regular bail in Crime No. 59/2022 (S.C.No.71/2022) registered by Bangarpet Police Station, K.G.F district for the offences punishable under Ss. 498A , 302 , 307 , 324 of IPC pending on the file of the III Additional District and Sessions Judge, Kolar C/C 3rd Addl. District and sessions judge, Kolar (sitting at KGF).

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

(3.) The case of the prosecution is that on the complaint, of one Prakash father of the deceased Suresh filed complaint to the police on 20/2/2022 alleging that he is having elder daughter Aruna married to this petitioner, subsequently said to have died due to the incident committed by the accused, later the accused was acquitted. Subsequently, with the consent he had married his younger sister Sunita to this accused and the first wife is having 3 children. The accused was addicted to borrowing loan and not able to pay installment, therefore the complainant said to have helped the accused for getting discharged of loans. On that background on 20/2/2022 at 4:30 PM when they were all in the house, the accused came to the house at that time his wife Sunita questioned the accused why he has not paid the loans at that time there was quarrel between husband and wife. The accused said to have tried to attack his wife. The brother of the deceased Sunita i.e., Suresh and Harish intervened and asked him to mend his ways, at that time the accused having possession of button knife took out and stabbed on the chest of the Suresh, when the other brother Harish came to the rescue the accused also stabbed on him, then he also assaulted his wife and caused injuries. Thereafter, the injured was taken to hospital where Suresh was declared as dead and Harish survived. The police after registering the case arrested the petitioner on the same day and he was remanded to judicial custody. Investigation is completed, charge sheet has been filed. His bail petition came to be rejected, hence he is before this Court.