SMT. SHASHIKALA @ SHEKAVVA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner-accused no.5 under section 439 of Cr.P.C., 1973 in S.C. No. 70/2018 arose in Crime No. 35/2018 of Vidyanagar Police Station, Hubballi, for the offences punishable under section 143, 147, 148, 302, 120-B, 201 r/w Section 149 of IPC. since from the date of arrest of this accused, she is in judicial custody. Therefore, the counsel is praying for enlarging her on regular bail amongst the grounds urged therein.

(2.) Heard the learned counsel for the petitioner and the learned Govt. Pleader for the respondent-State and perused the records.

(3.) It transpires in the case of the prosecution that the complainant Basappa Hundekar lodged a complaint on 13.03.2018 alleging that his son, namely, Dr. Babu Basappa Hundekar was carrying on his medical profession at Sushruta Hospital along with other partners at Vidyanagar, Hubballi. He had many dealings and partnership business with his brother-in-law Naveen Mulkigoudar, who is said to be arraigned as accused no.1 in the crime. Due to the money transactions between the deceased Dr. Babu and the said Naveen, who is said to be his brother-in-law that there some dispute on 12.03.2018 at around 1 pm, the complainant who called his son Dr. Babu on his mobile phone but the said Babu did not receive the phone call from his father and despite of repeated calls in several times, the complainant along with his brother who rushed to Hubballi and inquired about his son Dr.Babu at Shivashakthi Hospital and they stated that the said Babu had left the hospital at around 11 a.m. The complainant again called his son Dr. Babu to his mobile phone it was switched off as reply. It is further transpired that again on 13.03.2018 the complainant called his son Babu on his Mobile and it was found to be switched off, as there was no proper reply to his call, then he rushed to Hubballi and enquired about his son Dr.Babu, called his wife accused no.5 herein, she told that her brother Naveen, said to be accused no.1 herein, has taken Dr. Babu at around 12 noon from his house. Thereafter, there is no message regarding Dr. Babu. At around 6 p.m. Naveen said to be arraigned as accused no.1, being the brother-in-law of Dr.Babu was found two mobiles of the complainant's son was found in his possession but informed that Dr.Babu was to pay certain sum for him for which he had taken car and left Dr.Babu in Dharwad. The complainant suspected with Naveen, said to be the accused no.1, perhaps abducted Dr.Babu, who is none other than the brother-in-law and took possession of his car and mobiles and concealed his son in some unknown place and requested the Police to investigate the matter relating to the death of his son Dr. Babu.