LAWS(KAR)-2023-8-357

LEELAVATHI Vs. STATE OF KARNATAKA

Decided On August 22, 2023
LEELAVATHI Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Accused in S.C.No.16/2023 pending on the file of II Addl. District & Sessions Judge, Hassan arising out of Crime No.235/2022 registered by Arakalagudu Police Station, Hassan District for the offence punishable under Ss. 302 & 201 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 one Sri Krishna Shetty S/o Late Ajja Shetty dtd. 19/10/2022, Arakalagudu Police had registered FIR in Crime No.235/2022 against the petitioner for the offence punishable under Ss. 302 and 201 of IPC. In the complaint it is averred that, the complainant is the neighbour of the petitioner. The petitioner is the wife of deceased Krishnegowda. The deceased Krishnegowda was a chronic drunkard and he used to quarrel with his wife after consuming alcohol on regular basis. About two months prior to lodging the complaint, the deceased Krishnegowda had taken the earrings of his daughter and sold the same for the purpose of consuming alcohol. In this regard, Krishnegowda and his wife Leelavathi, who is the petitioner herein had allegedly fought on 17/10/2022 and the complainant had saw the same. In the complaint it is alleged that Smt. Akkamma who is another neighbour of the deceased had seen the petitioner pulling the body of her husband towards the backyard of the house. Thereafter, when the whereabouts of Krishnegowa was asked, the petitioner did not respond. The complainant therefore got suspicious and on inspection found the ground was recently dug and therefore he suspected that the petitioner had murdered her husband Krishnegowda and had buried his body in the backyard. Accordingly, he had lodged a complaint which had resulted in registering FIR in Crime No.235/2022. During the course of investigation, the petitioner was arrested on 19/10/2022. The investigation in the case is completed and charge sheet has been filed. The bail application under Sec. 439 of Cr.P.C., filed by the petitioner before the Court of II Addl. District & Sessions Judge, Hassan in S.C.No.16/2023 was dismissed on 18/3/2023. It is under these circumstances, the petitioner is before this court.