CHIKKANNA S/O. HANUMANTHAPPA Vs. THE STATE OF KARNATAKA (THROUGH GANDHINAGAR P.S.) REP. BY ITS STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) This criminal petition is filed by the petitioner - accused No.2 under section 439 of the Code of Criminal Procedure, 1973 in connection with Gandhinagar P.S. in Crime No.134 of 2015 for offences punishable under Sections 302, 381, 464, 468 and 471 read with Section 34 of the Indian Penal Code. Since from the date of arrest, the petitioner is in judicial custody. Therefore, the learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail.

(2.) Heard the learned counsel for the petitioner - accused No.2 and the learned HCGP for the respondent - State.

(3.) The brief facts of the prosecution case are that on filing of the complaint by the complainant, a case came to be registered for the aforesaid offences and thereafter, the investigation was conducted by the Investigation Officer. The allegations made in the FIR recorded by the Police reveals that on 05.06.2015 at about 6:45 a.m. accused No.2 called over telephone and informed the complainant that her mother is not responding. Immediately the complainant and her husband came to the house and poured water into the bedroom, but the deceased did not woke up. Thereafter, they break open the lock and went inside the room and noticed that her mother was lying and they immediately shifted her to VIMS Hospital, Ballari. The Doctor after examining her declared that she is brought dead. It is further averred that on 16.06.2015, when the complainant was verifying the documents pertaining to her mother, the bank pass book, cheque book and the gold ornaments of her mother were missing. Accordingly, on filing of the complaint, a case came to be registered against the accused, as this petitioner being arraigned as accused No.2 and the case has been taken up for investigation by Investigating Officer and laid the charge sheet for the aforesaid offences.