MADHUKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.5 in S.C.No.969/2023 pending before the Court of LVII Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.30/2023 registered by the Marathahalli Police Station, Bengaluru City for the offence punishable under Sec. 120(B) and 302 R/w 149 of IPC is before this Court seeking regular bail.

(2.) Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.

(3.) On the basis of complaint lodged by Smt. Ashwathamma wife of P.N. Narayanaswamy on 13/2/2023, Marathahalli Police had registered FIR in Crime No.30/2023 against six unknown persons for the aforesaid offences. In the complaint it is averred that, complainant's son Manikanta was married to Archana about 8 years prior to the date of complaint. About 5 to 6 months prior to filing of complaint, Manikanta and his wife had developed ill-will against each other and had approached the jurisdictional family Court seeking decree of divorce. A settlement was thereafter arrived between the parties at the intervention of elders and it is stated that the complainant's husband Narayanaswamy had agreed to give certain immovable property to his daughter-in-law Archana. On 13/2/2023, when the complainant's husband Narayanaswamy along with her son Manikanta were in their way to the Sub Registrar Office, K.R. Puram at about 11.00 a.m, the complainant heard her son Manikanta shouting. Immediately, the complainant rushed outside her house and found that her husband Narayanaswamy was lying in a pool of blood. When the complainant enquired with her son Manikanta, he informed her that one person who came inside with muchet in his hand had assaulted Narayanaswamy and escaped. Narayanaswamy was taken to hospital immediately, but he was declared brought dead. Thereafter, the complainant had approached Police on 13/2/2023 and had lodged the complaint which had resulted in registering FIR in Crime No.30/2023. During the course of investigation, the petitioner was arrested on 22/3/2023. The investigation in the case is completed and the charge sheet has been filed. The petitioner is arrayed as accused No.5 in the charge sheet. The bail application under Sec. 439 of Cr.P.C, filed by the petitioner before the Court of LVII Addl. City Civil & Sessions Judge in S.C.No.969/2023 was dismissed on 15/7/2023. It is under these circumstances, the petitioner is before this court.