JUDGMENT :

B.A. Patil, J.

Criminal Petition No.100869/2019 is filed by accused No.3 & Criminal Petition No.100870/2019 is filed by accused No.2 under Section 439 of Cr.P.C. seeking their release in Crime No.46/2019 of Sub- Urban Police Station, Dharwad for the offences punishable under Sections 304, 337, 338 of IPC.

2. I have heard the learned Senior Counsel Sri. M.T.Nanaiah for Sri. Jagadish Patil, Advocate for the petitioners-accused Nos.2 and 3. For the respondent- State I have heard Sri. V.M.Banakar, Addl. State Public Prosecutor.

3. The genesis of the case of the complainant is that the Assistant Commissioner, HDMC, filed the complaint alleging that R.S.No.1, Housing Site No.11A to 11E, measuring 9 guntas 3.50 anas of Kumareshwar nagar, Dharwad was purchased by a partnership firm viz, M/s. Sri. Renukadevi Constructions, Dharwad. It is further alleged in the complaint that the said firm sought permission for construction of a commercial building by preparing the plan and construction work was started after obtaining necessary permission. Since basement and two parking basements were finished with all work, they requested to issue permission to occupy the same through all the partne