MALLESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the petition filed by the petitioner/accused No. 4 under Section 439 of Cr.P.C. seeking his release on bail, of the alleged offences punishable under Sections 364, 302, 341 read with 34 of IPC and Section 3(2)(V) of the SC/ST Prevention of Atrocities Act, registered in respondent-police station Crime No. 181/2015 and now pending in Sessions Case No. 203/2015 before the III Addl. District & Sessions Judge, Belagavi.

(2.) The brief facts of the prosecution case as per the complaint averments are that, Smt. Kashawwa w/o. Shekar Ghasti alleged that complainant's husband was working at Hukkeri and on 25.05.2015 at 8.30 AM he left the house to do work. On the same day at 6.30 PM the brother of the deceased by name Basavaraj came and enquired the complainant regarding the whereabouts of his brother. Complainant informed that on morning he left to attend the work. Then the Basavaraj stated that one of his friends informed that today morning at 10.30 AM accused Nos. 1 and 2 kidnapped her husband in the Indica Car and they went towards Hukkeri. Later came to know that said persons assaulted him and got admitted in the KHI Hospital at Ghataprabha. It is also alleged in the complaint that after hearing the said news complainant along with some other relatives went to KHI hospital. The Doctor informed that three unknown persons came around 12 noon and got admitted husband of the complainant. Thereafter he was found dead at about 12.35 pm. They went and saw dead body and observed that there are some scratch marks on the neck and chest portion. On the basis of the said complaint firstly case was registered against accused Nos. 1 and 2 with two unknown persons.

(3.) Heard arguments of the learned counsel for the petitioner-accused No. 4 and also learned Govt. Pleader for the respondent-State.