MALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Sec. 439 of Code of Criminal Proceedings (for short ' Cr.P.C .") is filed by the petitioners - accused No.3 to enlarge him on bail in Crime No.160/2022, registered by the Tikota Police Station, for the offences punishable under Ss. 302, 201 and 177 read with Sec. 34 of IPC

(2.) The summary of the charge-sheet is that, the deceased - Mallikarjun s/o Bhimanna Jamakhandi, was in love with daughter - Gayatri of accused No.1 - Gurappa s/o Mallappa Giddannavar for the last 06 months. On 22/9/2022, the accused No.1 saw his daughter in a compromise position with the deceased, and when accused No.1 confronted the deceased with his daughter, at that time, his daughter consumed poison and died on the spot and infuriated by the same, the accused forcible made the deceased to consume pesticide and thereafter, with an intention to destroy the evidence put the dead body in a gunny bag and dumped the bodies in Krishna River.

(3.) The petitioner has been implicated only on the basis of their voluntary statement, which is inadmissible in law as prescribed under Sec. 25 of Indian Evidence Act. The prosecution has to prove the case against the accused based on corroborative material at the time of trial. The petitioner has made out prima-facie case to enlarge him on bail. Accordingly, I proceed to pass the following;