SAIBANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This bail application is filed by the petitioner/accused No.2 under Sec. 439 of Cr.P.C., seeking his enlargement on bail.

(2.) Brief facts of the case are: The complainant is the wife of the deceased Nagappa, who is having three brothers viz., accused Nos.1 to 3. It is stated that the deceased and accused Nos.1 to 3 have purchased agricultural land in Sy.No.88, measuring to the extent of 14 acres 34 guntas in the year 2009. Thereafter, family partition took place in between them wherein the deceased was given a share to the extent of 03 acres 29 guntas in Sy.No.88/05. Thereafter, the land was allotted to the deceased, but the name of accused No.1 is continued in the revenue records. Thereafter KIADB had proposed to acquire the land by fixing a sum of Rs.17,42,030.00 as compensation per acre. Accused No.1 stated that all brothers shall take equal distribution of the amount by once again repartitioning the properties, which proposal was rejected by the deceased. Inspite of continuous efforts made by the elders and also advice made by accused Nos.1 to 3, the deceased stated that his land is acquired by KIADB and therefore, he alone is entitled for compensation amount and he would not give any compensation to any of his brothers. Therefore, being upset with the same, accused Nos. 1 to 4 made a conspiracy to eliminate the deceased in that event they would also receive the compensation amount. Therefore, in order to eliminate the deceased, they hatched a plan and conspiracy upon knowing the fact that the deceased having illicit relationship with accused No.5 and the deceased was often coming to the house of accused No.5 and accused Nos.1 to 4 have committed the murder of the deceased in the house of accused No.5 on 12/3/2020. Thereafter, in order to destroy the evidence, the accused have thrown the dead body of the deceased in a canal by taking the body in a motorcycle bearing Reg. No.KA.33-U- 8697 and in this way committed the offence of murder. Further, the dead body was found in the canal on 18/3/2020. Thus, based upon a complaint, case came to be registered in Crime No.32/2020 for the offences punishable under Ss. 302, 201, 120(B) r/w Sec. 149 of IPC.

(3.) This is the successive bail petition filed by the petitioner/accused No.2 for the third time.