This successive bail petition is filed by the

petitioners/accused Nos.2 and 3 under Section 439

of The Code of Criminal Procedure, 1973 (hereinafter

referred to as the 8Cr.P.C.9, for brevity) seeking bail

3

in Crime No.71/2020 of Nippani Rural Police Station

registered for the offences punishable under Sections

302, 201 and 506 read with Section 34 of the Indian

Penal Code (hereinafter referred to as 8IPC9, for

brevity).

2.

The case of the prosecution is that one Sunil

S/o. Dasu Rathod, has filed the complaint stating that he is

JCB operator and accused No.1, who is known to him and on

04.09.2020 at 00.30 hours he received a call from accused

No.1 saying that he should come and dig a pit with JCB for

burying buffalo calf, in case it dies. Again he got a call at 3 O9

clock saying that calf has died, he should come and dig a pit.

Accordingly, he went and dug a pit. After that he was called

by accused No.1 to have a cup of tea. When he was inside the

house he saw accused No.2-Anita, accused No.3-Vanita and

accused No.4 going outside. After about 10 to 15 minutes he

heard a sound and saw all the three accused burying the dead

body of Sachin, who is the husband of accused No.2. When

4

he enquired they said that the deceased was harassing his

wife suspecting her fidelity. They also confessed that, they

assaulted with stick and strangulated him with a rope. He

was also threatened with dire consequences, if he informed

others. The complainant left the place along with JCB at 4.00

a.m. Later he went to the house and met Ajit and Baban and

informed about the incident and they advised him to file a

complaint and therefore he went to Nippani Rural Police

Station and filed the complaint. The said complaint came to

be registered for the aforesaid offences. The petitioners along

with accused No.4 filed Crl.Misc.No.5152/2020 seeking bail

and the same came to be rejected by the VII Addl. District

and Sessions Judge, Belagavi, sitting at Chikkodi, by order

dated 02.01.2021. The petitioners earlier along with accused

No.1 had filed Criminal Petition No.101184/2021 seeking bail

and the same came to be rejected by this Court by order

dated 12.07.2021. Thereafter, petitioners filed Criminal

Miscellaneous No.5059/2022 seeking bail and the same came

to be rejected by the VII Additional Sessions Judge, Belagavi

5

sitting at Chikkodi by order dated 17.02.2022. Therefore, the

petitioners/accused Nos.2 and 3 are before this Court

seeking bail.

3.

Heard the arguments of the learned counsel

appearing for petitioners and the learned High Court

Government Pleader for respondent-State.

4.

Learned counsel for the petitioner would

contend that the petitioners are the daughters of

Smt.Kamal Rajaram Ghatage, aged 67 years and she

has suffered paralysis and she is bedridden due to

her neurological deficiency and there are no other

family members to look after her and one Dr. P.N.

Shantagiri has issued a certificate dated 01.08.2022,

in that regard. It is his further submission that one

Vedant S/o. Krishnat Ghatage, aged 07 years and

son of accused No.1 was under the care of Smt.

Kamal R. Ghatage, died by falling in well by slip and

UDR has been registered in UDR No.11/2021 in

6

Nippani Police Station. It is his further submission

that the presence of the petitioners is required for

taking care of their mother Smt. Kamal R. Ghatage

who is bedridden. Further he prays for grant of

temporary

bail

for

some

period

so

that

the

petitioners can take care of their mother. With this,

he prayed to allow the petition.

5.

Per contra, learned High Court Government

Pleader would contend that on earlier occasion

looking to the overt acts of these petitioners,

heinousness

of

the

offence

and

threat

to

the

prosecution witnesses, their bail petitions have came

to be rejected by this Court. It is his further

submission that there are no new grounds made out

by the petitioners to consider their successive bail

petition. The certificate issued by the doctor does

not bea