HANAMANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri S.S.Mamadapur, learned counsel for the petitioner and Sri Gururaj V. Hasilkar, learned High Court Government Pleader.

(2.) The present petition is filed under Sec. 439 of Cr.P.C., with the following prayer:

(3.) Brief facts which are necessary for disposal of the present petition are as under: Upon the complaint lodged by Smt. Mallavva W/o Amogi, Indi Rural Police have registered a case in Crime No.133/2021 for the offence punishable under Sec. 302 of IPC. Gist of the complaint averments reveal that on 30/7/2021 at about 12.30 p.m., the complainant visited the police station and gave a written complaint wherein she has contended that the deceased Amogi is her husband and about eight years earlier to the incident, her son, petitioner-Hanamanth was residing with his wife in her village. There also, the petitioner suspected the fidelity of his wife Gurudevi and in that regard, there was a rift and a Panchayat was convened to sort out the differences. Subsequently thereto, the petitioner has got the wife and children to Ahirasang village. But the wife and children after taking some household articles, left Ahirasang village and went back to their place and in that regard, the accused/petitioner has picked up quarrel with the deceased. Based on the say of the persons who have reported the incident, the mother of the petitioner lodged the complaint with the police stating that it is the accused/petitioner who assaulted her husband with a iron pipe resulting in death of her husband.