SRI GURUMALLESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners/accused Nos.1 and 2 are seeking to be enlarged on bail in connection with their detention pursuant to proceedings in Crime No.89/2018 with respect to the offence punishable under Section 306 read with 34 of IPC .

(2.) The case of the prosecution is that the respondent Police have filed FIR in Crime No.89/2018 against the petitioners and other accused persons for the alleged offence under Section 306 read with Section 34 of IPC. It is stated that the accused persons i.e. the petitioners had threatened the wife of the complainant in respect of the civil dispute relating to a house property. It is stated that the sale deed was executed in favour of the deceased and relating to such transaction, civil dispute is pending in a suit in O.S.No.209/2017 filed by accused Nos.1 and 2 against the deceased. There was also another suit in O.S.No.37/2018 that is said to have been filed by the same accused i.e. accused Nos.1 and 2 seeking for cancellation of the sale deed executed in favour of the deceased. In the background of said facts, it is stated that on 03.05.2018, when the complainant called his wife many times and she did not respond to the telephonic call and on coming to the house and saw his wife had hung herself. Initially complaint was lodged in UDR.No.7/2018 and subsequently on further investigation, FIR came to be registered against the petitioners. It is stated that though the FIR was registered on 29.05.2018, accused Nos.1 and 2 were arrested on 05.05.2019 more than about 11 months after the registration of the FIR. It is stated that investigation is in progress.

(3.) It is submitted that the case that is made out against the petitioners is a matter to be decided during trial. The question as to whether the act of the petitioners led to the deceased committing suicide is to be proved before the trial Court.