S. MAHAVEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) AS in these three petitions filed under Section 439 of Cr.P.C., the respective petitioners arraigned as accused in CC. No. 639/12 on the file of the JMFC, Sullya registered for the offences punishable under Sections 448, 323 and 302 read with Section 34 of IPC, they were heard together and are being disposed of by this common order. Petitioner in Crl.P. No. 6671/2012 is arraigned as accused NO. 3, Petitioner in Crl.P. No. 6703/2012 is arraigned as accused NO. 5 and petitioner in Crl.P. No. 6726/12 is arraigned as accused No. 6.

(2.) ACCORDING to the case of the prosecution, on the basis of the complaint lodged by CW. 1 -Smt. Vimala, maid servant working in the house of deceased Meera Balakrishna Gowda, resident of Paleppadi Mane, Aivarnadu village in Sullya Taluk between 11.00 a.m. and 12.00 noon on 2.3.2008, Sullya police registered the case in Crime No. 53/12 for the aforesaid offences against three unknown persons. According to the complaint allegations, on 2.3.2008 at about 8.00 a.m. when the complainant came to the house of the deceased, she saw a person standing on the steps of the hind door of the house and on seeing her he called her to come soon and immediately when she went near the door steps she saw two other persons inside the house. Immediately all the three dragged her to the kennel where they pressed her neck to the floor as a result she fell unconscious. After some time when she regained consciousness, she found that she had sustained injuries on her head and arms and when she went inside the house, she saw said Meera Balakrishna Gowda lying in the kitchen with her hands having been tied by a rope. Immediately, she shouted. On hearing her cries, Shivaraju -accused No. 3 and one Achyutha came there and on seeing Meera Balakrishna Gowda they declared her dead. Thereafter they removed Meera Balakrishna Gowda to the Hospital in an auto rickshaw. As CW. 1 had also sustained injuries, she took treatment in the Hospital and her statement came to be recorded in the Hospital.

(3.) PETITION is opposed by the respondent -State, by filing detailed statement of objections.