SHANKA RGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is sought to be prosecuted for the offences punishable under Ss. 498A, 302, 201, 109, 202, 212 read with Sec. 149 of IPC, has filed this petition under Sec. 439 of Cr.PC.

(2.) The case of the prosecution is that, the accused No.1 is the husband of the daughter of the complainant, and in the said wedlock, they had begotten four children. Since there was incompatibility between them, and also the accused was quarreling with her and assaulted her, the daughter of the complainant was staying at the matrimonial home. On 6/6/2022 at about 1.00 p.m., the complainant received a phone call from his brother stating that, his daughter and brother, who were going to Budhihal on motorcycle to bring the school documents of children of Rajashree, the petitioner - accused No.1 has murdered both of them.

(3.) Heard the learned counsel for the petitioner - accused No.1 and the learned High Court Government for the respondent No.1 - State and the learned counsel for the respondent No.2 - defacto complainant.