BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.102381/2018 and Criminal Petition No.100466/2019 have been filed by the complainant and the State praying this Court to cancel the bail order dated 23.11.2018 passed by the Principal District & Sessions Judge, Haveri in S.C.No.55/2018, whereunder the application filed under Section 439 of Cr.P.C. was allowed and the accused No.2 has been released on bail.

(2.) I have heard the learned counsel for the petitioner-complainant and the learned HCGP for the petitioner-State. In Crl. Petition No.102381/2018, respondent No.2 is the accused and in Crl. Petition No.100466/2019, the sole respondent is the accused.

(3.) It is the case of the complainant that about one and half year ago, his brother one Martandappa had entered into a financial transaction with one Koteppa and as such they were friends. Since from last one year the brother of the complainant and Koteppa were not in good terms as the people in the village used to spread roomers stating that the complianant's brother is having illicit relation with the wife of Koteppa. In that line, Koteppa abused the Martandappa and he used to tell that he has spoiled his life and he will deal with him accordingly and even he used to tell that he will slit and kill him. In that light on 23.06.2018 at about 9:30 a.m., when the complainant was in his house, he heard the screaming near his house and came out along with his daughter and son in law and found that two persons were standing in front of the house of Martandappa and were abusing in filthy language stating that he has spoiled his life and assaulted him with sword on the head, neck and limbs as such he fell down on the door step. Later wife of the Martandappa i.e. Sudha came to rescue her husband the accused trespassed their house and assaulted Sudha on neck and hands with the sword and thereby committed the murder of both the husband and wife. Later by threatening the complainant and others escaped from the scene of offence. Immediately, they tried to shift them to the Hospital, but both of them were dead. On the basis of the complaint a case has been registered and after investigation the charge sheet has been filed.