Heard Sri. Harish H. V., learned counsel for the

petitioner and Sri. S. Vishwamurthy, learned High Court

Government Pleader for the respondent. Perused the

records.

2.

Present petition is filed under Section 439 of

Cr.P.C. with the following prayer:

<Wherefore, it is prayed that this

Hon9ble

Court

be

pleased

to

direct

the

respondent Police/Jayanagara Police to release

the Petitioner on bail, for the alleged offences

punishable under Section 302 r/w Section 34

of IPC, on the file of IV Addl. CJ(JD) & 5^th

JMFC, Tumkur, in Crime No.84/2021 (now C.C.

No.22843/2021), in the interest of justice.=

3.

The brief facts of the case are as under:

3

A complaint came to be lodged by Lakshminarasimhaiah

G. S/o. Gangaiah, the Jayanagara Police, Thilak Park Circle,

Tumakuru have registered a case in Crime No.84/2021 for

the offence punishable under Section 302 read with Section

34 of the Indian Penal Code, 1860 (hereinafter referred to as

8IPC9 for short).

4.

In the complaint it is contended that the

deceased 3 Narayana was married to Annapurna about 15

years earlier to the incident and they have three daughters.

There

were

serious

differences

in

the

matrimonial

relationship and deceased had a suspicion that his wife had

illicit relationship. In that regard, there was a panchayath

convened and couple adviced. Despite the same, the

matrimonial relationship was not proper. About 9 years

earlier to the incident, the complainant has not visited the

house of his younger brother (deceased). When the matter

stood thus, on 12.09.2021 at about 12.45 p.m., Annapurna

telephoned to the wife of Varadharaj and informed that the

4

younger brother of the complainant has fallen in a gutter and

died.

5.

On receipt of such information, Varadharaj came

and informed the complainant about 1.10 p.m., near the

shop of the complainant. When he tried to contact the

deceased on his mobile then, wife by name Leela Jyothi has

received the call. Thereafter, he has gone to the place of

incident and saw that the dead body of the deceased was

found in the gutter and it was in a burnt stage. On the back

side of the head, there were bleeding injuries. On enquiry,

he came to know from the neighbours that Annapurna had

poured petrol over the body of the deceased and thereafter,

lit fire. The deceased unable to bear the burn injuries, came

outside and fell into the gutter. At that juncture, the

neighbour of Annapurna (the present petitioner) came

outside and thrown stone on the head of the deceased. He

came to know that the said incident has occurred around 12

p.m., immediately, he informed the relatives and lodged the

5

complaint. The jurisdictional Police registered the case as

aforesaid and investigated the matter in detail.

6.

However, during the course of investigation, the

petitioner was apprehended by the police and he has been

sent to judicial custody.

7.

The petitioner approached the District Court for

grant of bail. Learned First Additional District Judge in

Crl.Misc. No.9/2022 by order dated 20.01.2022 turned down

the request of the petitioner. Thereafter, the petitioner is

before this Court with the aforesaid prayer.

8.

Sri. Harish H. V., learned counsel for the

petitioner reiterating the grounds urged in the bail petition

vehemently contended that the petitioner has been falsely

implicated in the incident and he is no way connected to the

incident. He further contended that there is no previous

complaint or panchayath details, which would give us that

there was an illicit relationship between the petitioner and

the wife of the deceased 3 Annapurna. He also contended

that the injuries as is found in the post mortem report could

6

be otherwise than by throwing a stone on the head as

admittedly in an ablaze condition, deceased came out and fell

into a cement gutter and therefore, there is no iota took in

the allegations leveled against the present petitioner and

thus sought for grant of bail.

9.

Lastly he contended that since the charge sheet

is now