SANTOSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused No.3 has filed this petition under Sec. 439 of Cr.P.C. seeking regular bail in Crime No.75/2021 of Kudachi Police Station, Belagavi, registered for the offence punishable under Ss. 143 , 147 , 148 , 120(B) , 302 , 201 read with Sec. 149 of IPC, now pending on the file of VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, in SC No.5077/2021.

(2.) The factual matrix leading to the case are that, the deceased Kumar, the husband of Accused No.5, was a chronic drunkard. On 27/5/2021 he was in a drunken state of mind since morning and in evening he left the house and did not return. The complainant being his wife, searched him all along with her son and on 2/6/2021 at 6.00 p.m., the dead body was found in Krishna River and as such, the complainant/Accused No.5 lodged a complaint before the jurisdictional police station regarding murder of her husband. During the course of investigation, the brothers of the deceased expressed suspicion on the complainant/Accused No.5 herself on the ground that she had extra-marital relationship with Accused No.1. On interrogation, the theory was un-earthed and the Investigating Officer apprehended the present petitioner/Accused No.3 and other accused, and incriminating material objects were also recovered. He also recorded the statement of witnesses and submitted the charge sheet against the present petitioner/Accused No.3 and other accused for the offences punishable under Sec. 320 read with 201 of IPC .

(3.) The petitioner has initially filed a bail petition in Criminal Petition No.101410/2021 and by order dtd. 6/9/2021 the same was rejected. Subsequently, he filed a successive bail petition in Criminal Petition No. 104268/2021 and that petition also came to be dismissed by order dtd. 11/3/2022. Now this is the third successive bail petition filed by petitioner/Accused No.3.