G NARASIMHULU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 302 and 201 read with 34 of IPC , registered in respondent - police station Crime No.445/2017.

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

(3.) Learned counsel for the petitioners during the course of his arguments has submitted that even looking into the case of the prosecution as per the complaint averments, the complainant is none other than the brother of the deceased. The materials show that the deceased was having illicit connection with petitioner No.2 herein, who is the wife of petitioner No.1. It is also his submission that in order to avoid the said connection, petitioners have shifted and came to the present village with an intention that if they shift to the said village, the deceased may discontinue his illicit- connection with petitioner No.2. Learned counsel for the petitioners has submitted that even the deceased continued and was coming to the said village, and on 06.09.2017 during midnight between 12.00 to 1.00 the deceased found in the house of the petitioners, therefore, as per the prosecution case itself galata took place between the deceased on the one side and the petitioners i.e., the husband and wife, on the other side.