RAGHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused in Crime No.167/2022 registered by Chelur Police Station, Tumakuru, for the offences punishable under Sec. 302 of IPC, is before this Court under Sec. 439 of Cr.P.C.

(2.) Heard the learned Senior counsel appearing for the petitioner and the learned HCGP for respondent-State.

(3.) On the complaint of Vijay s/o late Ramesh dtd. 5/11/2022, F.I.R. in Crime No.167/2022 was registered by Chelur Police Station, Tumakuru against the petitioner for offence punishable under Sec. 302 of IPC. In the complaint it is averred that complainant and petitioner herein are brothers. Complainant was married to Nakkalolo Sirisha and the petitioner was married to the younger sister of Nakkalolo Sirisha namely Rita alias Anitha. The complainant allegedly had given an amount of Rs.5,000.00 to the petitioner as loan. The said amount was not repaid by the petitioner and therefore, there was a quarrel between the parties in the said regard. On 5/11/2022 at about 10.30 am, complainant and his wife Sirisha had gone near the shed of the petitioner for demanding repayment of the aforesaid amount of Rs.5,000.00. The petitioner allegedly informed that he had no money and he would repay the money after some time. Since the complainant's wife Sirisha had demanded repayment of the money, petitioner allegedly got enraged and took out a knife from his pocket and assaulted Sirisha on her neck with the said knife and ran way from the spot. Sirisha succumbed to the injuries on the spot. It is in this background, complainant had approached the Police on 5/11/2022 and lodged the complaint, which had resulted in registering F.I.R. in Crime No.167/2022 against the petitioner for the aforesaid offence. During the course of investigation, petitioner was arrested on 6/11/2022 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application filed before the Court of VI Additional District and Sessions Judge, at Tumakuru in Crl.Misc.No.136/2023 was dismissed on 10/2/2023. Therefore, petitioner is before this Court.