(1.) THIS petition is filed for the grant of bail under Section 439 of the Code of Criminal procedure.
(2.) THE brief facts of the case are that the petitioner and Sri Raghupathi Bhat, sitting member of the Legislative Assembly from udupi Constituency are childhood friends. They have been residing in the same locality. Both of them belong to Shivalli Brahmin community. The said Sri Raghupathi Bhat lodged a complaint on 19th June, 2008 with the jurisdictional police against the petitioner for the offences punishable under Sections 365 and 306 of the Indian Penal Code.
(3.) THE case of the complainant is that the petitioner knew everything about the household and the financial affairs of the complainant. The complainant left his hometown on 11th june, 2008 to Bangalore. His efforts to get in touch with his wife Smt. Padmapriya did not lead him anywhere. On coming to know of the missing of his wife on 13th June 2008, he came to Udupi. It came to his knowledge on 14th june, 2008 that Smt. Padmapriya is put up in some apartment in Delhi. When he rushed with his family members on 15th June, 2008 to delhi to bring back his wife from Shama apartment. Dwarka, they found the apartment bolted from inside. When it was broke open, her dead body was hanging inside. He has alleged that by playing black magic or witchcraft, the petitioner kidnapped her to delhi. It is his further accusation that the petitioner has taken undue advantage of his proximity to the complainant's family. Thus the petitioner is responsible for the suicide of a helpless lady. The complainant complained of cheating, criminal breach of trust and deceitfulness. According to the complainant, he had cordial relationship with his wife and that his wife was of innocent nature.