UMA MAHESHWARI B. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are arraigned as accused Nos.1 and 2 have filed this petition under Sec. 439 of Code of Criminal Procedure (for short, "the Cr.P.C.") seeking bail in Crime No.260/2022 of Gangavathi Town Police Station for the offences punishable under Ss. 323, 324, 307, 504, 109 R/W Sec. 34 of Indian Penal Code (for short, "the I.P.C.").

(2.) Accused Nos.1 and 2 have contended that they are innocent of the offences alleged and that they have been falsely implicated. The allegations against them are that at the instigation of accused Nos.3 and 4, they assaulted the victim-Manjula who is no other than the mother of accused No.1. The complaint is based on the information given by Rakshita, another daughter of the complainant. Accused are arrested on 25/12/2022 and then they are in judicial custody. Already investigation is completed and no longer the presence of accused No.1 and 2 is required for further investigation. The accused are ready to abide by any of the conditions that may be imposed and prays to allow the petition.

(3.) On the other hand, learned High Court Government Pleader submitted oral objections contending that complainant-Srinivasalu B., accused No.3-Krishna @ Kitti and accused No.4-Chandrashekhar are brothers. The complainant is having four children by name Shwetha, accused No.1-Uma Maheshwari, Karthik and Rakshita. The injured Manjula is the wife of the complainant. Since childhood, two children of the complainant namely accused No.1-Uma Maheshwari and Karthik are living with accused No.2 and 3 i.e. their paternal junior uncle and aunt and there used to quarrel between these persons on the allegations that the injured Manjula, the mother of accused No.1-Uma Maheshwari and Karthik is indulged in black magic and alleging that she is responsible for the failure for alliance which was sent for accused No.1, accused No.2 assaulted Manjula with machchu (chopper) and caused bleeding injuries. Accused Nos.1, 2 and 4 are arrested on 25/12/2022.