LAKSHMIDEVAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) . The present petition has been filed by the accused-petitioner Nos.4 and 5 under section 439 of Cr.P.C to release them on bail in crime No.209/2018 of Koratagere Police Station, Tumakuru for the offence punishable under Section 302 read with section 149 of IPC.

(2.) I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.

(3.) The gist of the complaint is that the complainant and his wife Bhagyamma were working as coolies in the garden land belonging to Deepak Kanekal of Avalaiahnapalya Village, Holavanahalli Hobli, Koratagere Taluk, Tumakuru District. On 02.12.2018 at about 10.00 a.m. complainant and his deceased wife Bhagyamma were attending to their harvest work in the said field, at that time accused Nos.1 to 5 by constituting unlawful assembly went near the said land and questioned the complainant's wife Bhagyamma as to how her daughter had fallen in love with some boy and she has left her house on 26.11.2018? It is further stated that he knows the fact that his daughter used to call him using the phone of deceased Bhagyamma. In the said act, accused No.1 demanded the wife of the complainant to disclose the name of boy and details to whom the daughter of the deceased used to call. The relatives of the complainant were also attending to their work in the neighboring field and immediately went to the place of incident, at this juncture the accused- petitioners have abused the complainant's wife Bhagyamma in filthy language and threatened her with dire consequences. In the meanwhile, accused No.2 with an intention to do away with the life of the deceased Bhagyamma, kicked her on her chest and stomach three to four times and some person pacified and the said Bhagyamma fell down sustaining bleeding injuries from her private parts and she was shifted for medical treatment by an auto rikshaw to the Government Hospital, Koratagere. Pursuant to the advise of the doctor, she was shifted to Tumakuru District and Hospital, while on the way, she died.