RAJU S/O BHIMASHYA BHOVI Vs. THE STATE

JUDGEMENT

(1.) This petition is filed by petitioners -accused Nos.2 and 3 under Section 439 of Cr.P.C., seeking their release on bail of the alleged offence punishable under Section 302 read with Section 34 of IPC registered in respondent -Police Station Crime No.138/2015.

(2.) The brief facts of the prosecution case as per the complaint averments that the complainant is residing along with her family consisting of her husband, in -laws and sons. Accused No.3 -Mahantesh is the son of one Duryodhana Bhovi is also residing in the same village and his mother Kasturibai is residing at the village Rampur of Sindagi taluka and she is doing Peon work in Upper Krishna Project Office at Rampur. At about 2 1/2 years back, accused No.3 -Mahantesh's marriage was performed along with one Shridevi @ Laxmi. The deceased was the mediator for the said marriage. The complaint averments also goes to show that the said Mahantesh was not treating his wife well and he was giving ill -treatment to her and same used to be informed to the deceased and deceased was telling accused -Mahantesh that as the marriage of Shridevi and himself was performed under his mediation asking Mahantesh to treat his wife properly. Because of this reason, said Mahantesh -accused was having grudge towards the deceased. Further the allegations also goes to show that on 06.10.2015 at about 6:00 p.m. complainant's husband Raju was standing infront of his house for going to his land. At that time, Mahantesh came on his motorbike talked with Raju and asked him as to where he is going? Then Raju stated that he wanted to go to his land. Accused No.3 said he too also come along with him to his land and asked him to sit on his motorbike for going to his land. Raju the deceased went along with accused No.3 on his motorbike. As usually Raju returns from the land to his house at about 7:00 p.m. but on that day, he did not return even upto 8:00 p.m. then the complainant called on the mobile then Raju said he is in the land of Basavanna Patti and he is returning soon to his house. It is further case of the prosecution as per the complaint averments that at about 9:00 one Chidanand S/o Babu Bhovi who was cultivating the land of the complainant came and informed about the incident that all the accused persons assaulted the deceased and committed his murder. Then the complainant went and saw the dead body. On the basis of the said complaint, case came to be registered against accused Nos.1 to 3 for the alleged offences.

(3.) Heard the arguments of the learned counsel appearing for petitioners -accused Nos.2 and 3 and also the learned Government Pleader for the respondent - State.