ARCHANA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned HCGP. Perused the materials placed before this Court.

(2.) The present petitioner has filed this petition under Section 439 Cr.P.C., 1973 seeking her enlargement on bail in Crime No.33/2018 of respondent Police Station for the offences punishable under Sections 302, 307, 341, 504 and 506 R/w. Section 34 of the IPC.

(3.) The summary of the case of the prosecution is that, one Smt.Boravva, wife of deceased Saidusab, when had been to a disputed agricultural land with regard to which she had a Court decree to have a share in it, on 04.03.2018, the brother of Boravva by name Basavaraj and his wife by name Archana (present petitioner) went there and initiated quarrel with said Saidusab and his wife Boravva. Since the said Saidusab and Boravva are said to have refused to go away from the property, said Basavaraj, the younger brother of Boravva assaulted Saidusab, the husband of Boravva, accusing him of executing of the decree for partition. In the said assault made by Basavaraj, making use of the axe, Saidusab sustained grievous bleeding injuries on the neck and various other parts of the body, due to which he died on the spot. It is further alleged that, the present petitioner being the wife of said Basavaraj, was also accompanying her husband and was present in the spot at the time of incident and shared the act of the murder of Saidusab and assault of Borava by said Basavaraj at the instigation of her wife Archana (petitioner herein). The said Basavaraj is said to have assaulted Boravva also with the axe causing her grievous injuries. As such, at the complaint filed by one Sri.Maibubsab, said to be the brother of Saidusab, the complainant police have registered a complaint against said Basavaraj and his wife Archana(present petitioner) arraying them as accused Nos. 1 and 2 in their station Crime No.33/2018 for the offences punishable under Sections 302, 307, 341, 504 and 506 R/w. Section 34 of the IPC.