NARAYANA @ THAMATENANAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No. 1 under Section 439 Cr.P.C., 1973 seeking regular bail in Crime No. 103/2011 for the offence punishable under Section 302 r/w 34 of IPC (CC No. 229/2012) on the file of Addl. Civil Judge (Jr.Dn.) and JMFC Court, Doddaballapura.

(2.) Brief facts of the case are that the complainant filed the complaint alleging that on 13.9.2011 at about 11.00 p.m. in the night at Sahajananda Nagar in the land of Prabhavathi at Sy. No. 67/1 of Rojipura towards Northern side under Palm tree, the accused paid a sum of Rs. 200/- to one Narasamma and took her to the said Yeechala tree and the said Narasamma refused for the same and returned Rs. 200/- and at that time accused No. 2 Moula and accused No. 3 Muniyappa, caught hold of her legs tightly, accused No. 4 Dhananjaya caught hold of her tuft and accused No. 1 Thamate Narayana tied the muffler to her neck and killed her and thereafter committed an offence under Section 302 of the IPC.

(3.) It is the submission of the learned counsel for the petitioner that though the accused is charged under Section 302 of IPC, the remaining accused Nos.2 to 4 have already faced the trial in S.C. No. 88/12 and therein the Fast Track Court, Doddaballapura in S.C. No. 88/12 by judgment dated 20.4.2013 has acquitted the accused for all the charges levelled against them. He further submitted that except the complainant no other witnesses have supported the case of the prosecution. He further submitted that the complaint came to be registered only on suspicion and there are no eyewitnesses to the alleged incident. He further submitted that when there is no material as against the accused persons, if the accused/petitioner is detained in jail, his liberty is going to be affected. On these grounds he prayed to allow the petition.