DASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 302 and 201 read with section 34 of IPC registered in respondent Police Station Crime No.107/2016.

(2.) I have heard the learned Counsel appearing for the petitioner-accused No.1 and the learned High Court Government Pleader appearing for the respondent-State.

(3.) One Amudavalli is the deceased in this case and she is the wife of Shivaraman, who lodged complaint regarding missing of his wife. In the missing complaint, he has stated that his wife left the house and not seen from 2.5.2015. Looking to the report submitted by Venkatesh T., PSI, Yeshwanthpur police station, he refers to crime No.221/2015 about missing of a woman and he has also made a mention that deceased was having and using a mobile phone 8971333974 and in this connection, when they asked CDR from the DCP, North Division, it was noticed that the information with regard to the deceased spoke to other persons through the said mobile said to have been collected. This goes to show that the deceased spoken on mobile IMEI No.911375651693540 and also another mobile bearing IMEI No.911304100383860. The further contents of the said report go to show that ultimately they have seen accused No.1 near the pipeline road park and when they enquired him, he ran away and they chased him. After apprehending him, accused No.1 stated before the police as to what had happened. This goes to show that he had admitted that he along with accused No.2 pushed the deceased and she fell on stone and sustained injuries on her face and there afterwards, when accused No.1 wanted to have sexual inter course with her and when she refused for the same, he assaulted her and thereby, committed murder of the deceased. Accused No.1 has further stated that if he is taken, he will show the place where they have buried the dead body. On the basis of the information said to have been furnished by accused No.1, i.e, after six months deceased left the house, accused No.1 has been arrayed as one of the accused in the said case.