SATHISH R. DEVADIGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are arraigned as accused Nos.3 and 4 respectively in the charge sheet filed in connection with Crime No.140/2022 of Byndoor P.S., for offences punishable under Ss. 364, 302, 201, 328, 120B read with Sec. 34 of the Indian Penal Code, 1860 (hereafter referred to as ' IPC ' for short).

(2.) Both the petitioners came to be arrested on 13/7/2022 since then, they are in judicial custody. Their petition filed under Sec. 439 of Cr.P.C. before the learned Sessions Judge, has been dismissed vide order dtd. 2/12/2022. Hence, the petitioners are before this Court.

(3.) Prosecution case is that, there was a case registered in Crime No.69/2019 against accused No.1 for offences punishable under Ss. 192, 420 , 465, 466, 471 of IPC in Karkala Rural Police Station. In the said case, charge sheet is filed and it is pending in C.C. No.652/2022 before the learned ACJ and JMFC Court, Karkala. To get rid of the said case, accused No.1 hatched a plan to commit someone's murder and then to make it appear as if he has committed suicide. To carry out the plan, accused No.1 conspired with accused No.2 and in furtherance of the conspiracy held, they identified the victim by name Anand Devadiga. They informed accused Nos. 3 and 4 about their plan and on 12/7/2022 at about 7.30 p.m., accused No.2 mixed sleeping tablets in the alcohol and made the victim to drink it and when he was semiconscious, both accused Nos.1 and 2 took him in the car near Henberu cross in Paduvari village and poured petrol to the said car and burnt him alive.