BALESH SHASHIKANT HARUGERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 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.75/2021 of Kudachi Police Station registered for the offences punishable under Ss. 143 , 147 , 148 , 120(B) , 302 and 201 read with Sec. 149 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecution is that, deceased-Kumar used to consume liquor and quarrel with his wife, inspite of several advice he did not quit consuming alcohol. That on 27/5/2021 deceased-Kumar in intoxication did not return to the house after he went from home at 8.00 p.m., even on 28/5/2021 he was not found to any family members even inspite of search by them. On 2/6/2021 the complainant came to know that a dead body of male person is found at the Krishna river side. The Police went to the spot and on seeing the dead body, the complainant identified that it was the dead body of her husband. The said complaint filed by wife of the deceased was registered in Crime No.75/2021 of Kudachi Police Station for the offences punishable under Sec. 302 and 201 of IPC against unknown person. During the investigation it is revealed that the complainant and the petitioner/accused No.1 had illicit relationship and the deceased-Kumar came to know about the same and he obstructed for the same and used to compel his wife-complainant accused No.5 to leave the relationship with the petitioner/accused No.1. Therefore, accused persons wanted to get rid of deceased and hatched a plan to commit his murder and on 27/5/2021 at about 8.00 p.m., committed his murder. After the investigation, charge sheet came to be filed against the petitioner and other accused for the offences punishable under Ss. 143 , 147 , 148 , 120(B) , 302 and 201 read with Sec. 149 of IPC. The petitioner/accused No.1 came to be arrested on 6/6/2021 and he is in judicial custody. The petitioner has filed Criminal Miscellaneous No.5284/2022 seeking bail and the same came to be rejected by the VII Additional Sessions Judge, Belagavi sitting at Chikkodi by order dtd. 7/5/2022. Therefore, petitioner/accused No.1 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.