VIJAYKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused 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.114/2021 of Athani Police Station registered for the offences punishable under Ss. 302 and 309 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) pending in S.C. No.5103/2021 on the file of the learned VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi.

(2.) The case of the prosecution is that, one Appasab Laxman Koli has filed complaint stating that his daughter Rekha(deceased) had married this petitioner/accused and their marriage is a love marriage and they are having two children. It is further stated that, after marriage, the deceased- Rekha had no connection with the complainant and his family members. It is further stated that, on 6/4/2021, the complainant received a phone call from CW.12-Moula who told him that Rekha has been assaulted by the petitioner/accused in the shed of the petitioner. Immediately, the complainant along with others went to the said shed and saw the dead body of Rekha and on enquiry, Rekha's daughter Sharavani narrated the incident and told that her father has committed the murder of her mother. The said complaint came to be registered in Crime No.114/2021 by Athani Police for an offence under Sec. 302 of IPC. The petitioner came to be arrested on 9/6/2021 and he is in judicial custody. The Police, after investigation, filed charge sheet against this petitioner for the offences under Ss. 302 and 309 of IPC. The petitioner filed Criminal Miscellaneous No.5103/2022 seeking bail and the same came to be rejected by the learned VII Additional District and Sessions Jude, Belagavi, sitting at Chikkodi, by order dtd. 4/3/2022. Therefore, the petitioner is before this Court seeking bail.

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