S.RANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 to 5 in Crime No.130/2023 registered by Honnali Police Station, Davanagere District for the offences punishable under Ss. 306, 504 and 506 read with Sec. 149 of IPC, are before this Court under Sec. 438 of Cr.P.C.

(2.) Heard the learned counsel for the parties.

(3.) On the basis of the complaint lodged by Smt.Akkamma dtd. 1/6/2023, FIR in Crime No.130/2023 was registered by Honnali Police Station as against the accused persons. As per the complaint averments, about six years prior to the date of complaint, the husband of the complainant had sold the land bearing Sy.No.11/7 measuring about 7 to 8 acres to one Mr.Murugesh Patel. He had left 8 feet approach road for the accused persons to reach their land. On 24/5/2023, the accused persons got their land measured and having found that only 8 feet road was left by the husband of the complainant as approach road, they quarreled with him and demanded to provide at least 12 feet approach road instead of 8 feet approach road. Complainant's husband allegedly informed them that he had already sold the property and therefore, he was not in a position to provide them approach road measuring 12 feet. It is alleged in the complaint that inspite of the same the accused persons were harassing the deceased and were threatening him of dire consequences, in the event he did not provide them a approach road measuring 12 feet. Due to the harassment meted out, the deceased expressed his intention to commit suicide to the complainant and thereafter allegedly he consumed poison. Though the deceased was shifted to the hospital, he died in the hospital during treatment. It is in this background a complaint was lodged, which had resulted in registering FIR in Crime No.130/2023 against the petitioners. Apprehending arrest in the said case, petitioners had approached the I Additional District and Sessions Judge at Davangere Court in Crl.Misc.No.652/2023, which was dismissed on 3/7/2023. It is under these circumstances, they are before this Court.