NATARAJA PUJARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Sections 302, and 114 read with Section 34 of IPC registered in respondent-police station in Crime No. 308/2017.

(2.) The brief facts of the prosecution case is that the mother of the deceased is the complainant in this case. She has stated that the deceased was working as computer operator in Excise Department at Sakaleshpura. Accused No.1 helped her in securing job and therefore she was closely moving with him. It is further alleged that about six months prior to the incident the deceased marriage was fixed with accused No.2-petitioner herein and it was decided that marriage would be performed after one year, but the accused No.1 used to propagate in the village that he has illicit relationship with deceased - Sowmya. In that regard, the father of the deceased had even advised accused No.1. Having believed the statement of accused No.1, accused No.2 broke the engagement with deceased. On 29.10.2017 at about 10.00 a.m. accused No.1 came to the house of the complainant, demanded for marriage with deceased. Further, the complainant was informed that accused No.2 under the influence of alcohol was saying that nobody would marry her and she would finish of her life. On 01.11.2017, accused No.1 came to the complainant's house and asked about deceased whereabouts and threw chilly powder on the complainant and went inside the house and assaulted the deceased with chopper and fled away from the spot. On the basis of the said complaint, FIR came to be registered for the said offences against accused Nos. 1 and 2.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.2, so also, learned High Court Government Pleader appearing for the respondent - State.