NARASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - accused No.1, who is sought to be prosecuted for the offences punishable under Ss. 109 , 120(B), 504, 506, 302, 201, 511 read with Sec. 34 of IPC, has filed this under Sec. 439 of IPC to enlarge him on bail. The police, after the investigation, laid the charge sheet for the aforesaid offences.

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

(3.) The case of the prosecution that one Bheemamma sister of the deceased lodged a complaint stating that, the accused No.3 - Manikemma was married to her brother. It is stated that, her brother - Bhimappa was married to accused No.3 after the death of his first wife. There was a quarrel between herself, and the said deceased-Bhimappa, who was suspecting that, his wife having an illicit relationship with accused No.2. On 17/11/2021, he went to Gajarkot village to bring his wife and children. It is further alleged that, on the next day i.e. on 18/11/2021, she received an information that, her brother dead body is lying in a land. It is also informed by Kashappa that, they have seen the accused Nos.1 and 2 taking the deceased on a motorcycle near Devappa Girigiri land. He also heard the deceased asking for help to leave him. CWs.10 and 11 saw the accused Nos.1 and 2 having dragged and pulled the deceased - Bhimappa. They thought that, they are relatives, and may be quarrelling with each other, and they returned. But later they came to know that, Bhimappa died on the next day of the incident.