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IN THE HIGH COURT OF KARNATAKA AT DHARWAD

DATED THIS THE 14^TH DAY OF JULY, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.101026/2021

BETWEEN:

1. SMT. MAYAVVA @ ASHA

W/O LAXMAN AIDMALE,

AGE: 25 YEARS,

OCCUPATION: HOUSEHOLD,

R/O BORAGAON, TALUK:NIPPANI,

DISTRICT:BELAGAVI,

PIN:591237.

2. SHRI. LAXMAN

S/O BALAPPA AIDMALE,

AGE: 27 YEARS,

OCCUPATION: AGRICULTURE,

R/O BORAGAON, TALUK:NIPPANI,

DISTRICT:BELAGAVI,

PIN:591237.

& PETITIONERS

(SRI.S.M. MUCHHANDI,

SMT. SUMITA B PATIL, ADVOCATES)

AND:

THE STATE OF KARNATAKA

THE POLICE SUB INSPECTOR,

YAMAKANAMARADI POLICE STATION,

DISTRICT: BELAGAVI,

PIN:591246.

REPRESENTED BY ITS STATE

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PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

HIGH COURT OF KARNATAKA,

AT: DHARWAD BENCH,

PIN:580011.

& RESPONDENT

(BY SRI. RAVINDRA NAIK, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER

SECTION 439 OF CR.P.C. PRAYING THAT THE PETITION

BE ALLOWED AND THE PETITIONERS (ACCUSED NO.2

TO 3) MAY KINDLY BE ENLARGED ON REGULAR BAIL IN

SESSIONS CASE NO.26/2021 (YAMAKANAMARADI P.S.

CRIME 198/2020 U/S 498A, 302, 201 R/W 34 OF IPC)

ON THE FILE OF V ADDL. DISTRICT AND SESSIONS

JUDGE, BELAGAVI.

THIS CRIMINAL PETITION COMING ON FOR

ORDERS, THIS DAY THROUGH VIDEO CONFERENCING,

THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed by the petitioners/accused

Nos.2 and 3 under Section 439 of Cr.P.C., for granting

bail

in

Crime

No.198/2020

registered

by

Yamakanamaradi Police for the offences punishable

under Sections 498A, 302, 201 read with Section 34 of

Indian Penal Code.

2.

Heard the arguments of learned counsel for

the petitioners/accused Nos.2 and 3 and the learned

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High Court Government Pleader Sri.Ravindra Naik for

the respondent-State.

3.

The case of the prosecution is that on the

complaint of one Ramesh B Patil, PSI, Yamakanamaradi

police station, who registered suo motu case against

the petitioners on 2.10.2020, it is alleged by him in his

complaint that on 1.10.2020, he has deputed his staff

L.Y.Kilaraji-CPC 3081 to the Hosur village for patrolling.

Then, he came back in the evening and informed that

there was a rumor in the Hosur village that the accused

Nos.1 to 3 committed murder of deceased Kasturi

Prakash Hugar who is daughter-in-law of accused No.1

by assaulting and later administered poison into the

mouth and thereby, has committed murder and

thereafter, have cremated the body and it is mentioned

in the case dairy. Upon receiving this information, the

investigating officer has secured the presence of the

petitioners and on enquiry, it was found that they did

not confess earlier but later they confessed that on

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25.9.2020,

they

assaulted

the

deceased

Kasturi

Prakash Hugar with a club and hands and committed

murder.

After

knowing

the

death,

they

also

administered poison to show that she has committed

suicide. Later they intimated to the village people and

cremated the dead body in the land and thereby, they

destroyed the evidence. After registering suo motu

complaint, he has arrested the petitioners/accused

Nos.2 and 3 on 3.10.2020 and remanded to Judicial

Custody.

4.

Previously, they had moved bail petition

before this court in Crl.P.No.101566/2020 which came

to be withdrawn as not pressed on 4.1.2021 and now,

they are before this court as the charge sheet has been

filed by the police after completion of investigation.

5.

Upon hearing the arguments of learned

counsel for the petitioners/accused Nos.2 and 3 and

the learned HCGP and on perusal of the records, it

shows that admittedly, the police filed charge sheet

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mainly based upon voluntary statement of the accused

that they had confessed before the police that they

committed murder of the deceased Kasturi Prakash

Hugar in respect of the family quarrel between them

and after committing murder, they had administered

poison, later the poison also is said to be swallowed by

the child who is