RENAVVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioners/ accused Nos.1 to 4 under Section 439 of Cr.P.C. to enlarge them on bail in C.C. No.459/2019 (Crime No.4/2019) of Lokapur Police Station on the file of the I Additional District and Sessions Judge, Bagalkot, sitting at Jamakhandi, registered for the offences punishable under Sections 302, 120B r/w Section 34 of Indian Penal Code.

(2.) I have heard Smt.Bhagyashree N.B. appearing for Sri.Ramachandra A. Mali for the petitioners/accused Nos.1 to 4 and Sri P.M.Banakar, learned Additional SPP for the respondent-State through video conference.

(3.) The genesis of the case of the prosecution is that accused No.1 is the wife of the deceased, accused No.2 is the daughter, accused No.3 is the sister-in-law and accused No.4 is the labourer who was working in the land of the deceased. There was matrimonial dispute between the accused and the deceased Chandrappa alleging that deceased Chandrappa had illicit relationship with other ladies and he was insisting accused No.1 to give consent for his second marriage and he also used to threaten her saying that if she fails to give consent he will take away her life. Due to fear accused Nos.1 and 2 conspired with accused Nos.3 and 4 and on 9.1.2019 at about 1.00 a.m. when Chandrappa was sleeping on the cot in the hall, accused No.2 caught hold of his legs and tied his legs with cloth and accused No.3 sat on Chandrappa and when she put her hand to the testicles of Chandrappa, he woke up and started shouting and fell down from the cot and accused No.4 caught hold of the hands of the deceased Chandrappa by assaulting and hugged him. Accused No.3 squeezed the testicles of Chandrappa and accused Nos.1 and 3 strangulated Chandrappa with the towel and put the body on the cot to make believe that he died due to heart attack. On the basis of the complaint a case has been registered.