HANUMANTHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner-accused No.3 under Section 439 of the Code of Criminal Procedure in connection with Kuduthini P.S. Crime No.140/2018 for offences punishable under Sections 302, 201 and 120(b) read with Section 34 of the Indian Penal Code, 1860. 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 among the grounds urged therein.

(2.) Heard the learned counsel for the petitioner 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 and laid the charge sheet against the accused for the aforesaid offences. The allegations made in the FIR recorded by the Police, it reveals that accused No.1 is the wife of the deceased-Nagaraj and out of their wedlock, they blessed with three children. Since from three years accused No.1 used to go to coolie work for plucking chillies and accused No.2 also come to the said land for doing coolie work, where accused No.1 developed illicit relationship with accused No.2 and both have caught hold by deceased- Nagaraj, who is the husband of accused No.1 in his house and the deceased-Nagaraj, who assaulted accused Nos.1 and 2 and warned them not do all these activities again. It is further stated that since from that time, the accused Nos.1 and 2 have hatched a plan to commit the murder of deceased-Nagaraj and on 12.11.2018 at about 11:15 p.m. when the deceased-Nagaraj was sleeping in the house, accused Nos.1 and 2 with an intention to commit his murder, have assaulted him with wooden pestel on his head and committed his murder. It is further averred in the materials, which secured by the Investigating Officer during the course of investigation that accused Nos.1 and 2 with an intention to disappear the evidence have put the said dead body in the plastic bag and kept in the vacant house and on 13.11.2018 in the night hours accused No.2 with the help of accused No.3 i.e., the petitioner herein have taken the said dead body in the motorcycle of CW17 and thrown the said dead body in the salt water canal situated within the limits of Yelubennchi and Sriramarangapura village. The PDO, Yelubenchi at around 7:00 p.m. filed a complaint before the Kuduthini P.S. in Crime No.140/2018 alleging that the villagers, who given an information to him that a dead body of unknown male person was floating in the canal. A copy of the complaint is produced by the learned counsel for the petitioner for the purpose of perusal vide Annexure-A.