SAVITHRI BAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.2 in S.C.No.146/2022, pending before the Court of III Additional District and Sessions Judge, Tumakuru, arising out of Crime No.104/2022, registered by the Sira Police Station, for the offence punishable under Ss. 302, 201 read with Sec. 34 of IPC, is before this Court seeking regular bail.

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

(3.) On the basis of the complaint lodged by one Sevanaika son of Bheemanaika on 2/6/2022, the Sira Police have registered F.I.R. in Crime No.104/2022 against one Rajanaika and the petitioner herein. In the complaint it is stated that Ravichandra Naika was found missing from the house and on 1/6/2022 meeting of the elders in the village was called for and during the course of meeting, people gathered found the behavior of accused Nos.1 and 2 suspicious and therefore they had asked them to reveal the truth. Accused No.1 is said to have been met the deceased Ravichandra Naika on 2/4/2022, and assaulted him with hands and thereafter pressed his neck with his leg and killed him. Accused Nos.1 and 2 thereafter allegedly shifted the dead body and buried it in a vacant place near their house. On the basis of this confession statement made by accused No.2/petitioner, complaint was lodged on 2/6/2022 at about 2.30 pm before the Sira Police Station, who have registered F.I.R. in Crime No.104/2022. Investigation in the case is completed and charge sheet has been filed. Petitioner has filed bail application under Sec. 439 of Cr.P.C., before the trial Court in S.C.No.146/2022 which was dismissed by the said Court on 3/12/2022. Under these circumstances, petitioner is before this Court.