R.NAGESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.

(2.) The petitioner is arraigned as accused No.1 in Crime No.275/2019 of Byatarayanapura P.S., Bengaluru, for the offence under Section 302 r/w. 34 of IPC.

(3.) The brief facts of the case are that; The complainant Jayamma is none other than mother of accused No.1 and wife of deceased Rangaswamaiah lodged a complaint stating that on 24.7.2019, in the morning hours at about 6.30 a.m., her maid servant came near the house of the daughter of the complainant and informed that she has visited the house of the deceased, but nobody has opened the door. Immediately the complainant went to the house and saw that the door was locked from out side and she opened the lock and entered the house and found her husband Rangaswamy was lying on the cot with bleeding injuries to his head and he was unconscious. Thereafter he was shifted to Gayathri Nursing Home, Vijayanagar and later to BGS hospital, Kengeri and kept in the ICU, later on he died on 17.08.2019. She has made allegations that in the same house in the second floor the accused persons are residing and accused No.1 is no other than the son of the complainant and the deceased. Accused No.2 is the wife of accused No.1 and accused Nos.3 and 4 are the son and daughter of accused No.1. It appears that there was a civil dispute between the parties in O.S. No.1924/2014, which was posted for evidence and the deceased was the main witness in the said case. In order to prevent him from giving evidence in the case, hatched a plan to eliminate the deceased. It is alleged that on 23.7.2019, all the accused persons went to the house of the deceased and assaulted him and committed his murder. On the above said allegations, a case has been registered and police are investigating the matter. Accused No.1 has been arrested in this context. The entire case revolves around the circumstantial evidence.