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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 1^ST DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101112 OF 2021

BETWEEN

LALITHA W/O LAXMAN LAMANI

AGED 35 YEARS, OCC: HOUSEWIFE,

R/O. KABALAYTHAKATTI TANDA,

TQ AND DIST. GADAG-582101

...PETITIONER

(BY SRI.SRINIVAS B NAIK, ADV.)

AND

STATE OF KARNATAKA

REP. BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA

DHARWAD BENCH

THROUGH GADAG RURAL POLICE STATION

DIST. GADAG-582101

…RESPONDENT

(BY SRI.RAMESH B.CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF

CR.P.C., PRAYING TO GRANT REGULAR BAIL TO THE

PETITIONER / ACCUSED NO.2 IN SC NO.10/2021 ON

THE FILE OF PRINCIPAL DISTRICT AND SESSIONS

COURT, GADAG, (IN CRIME NO.46/2020 OF GADAG

RURAL

POLICE

STATION)

REGISTERED

FOR

THE

OFFENCES PUNISHABLE UNDER SECTION 302 R/W 34

OF IPC.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

2

ORDER

This petition is filed by accused No.2 under

Section 439 of The Code of Criminal Procedure, 1973

(hereinafter referred to as the ‘Cr.P.C.’, for brevity)

seeking bail in Crime No.46/2020 (pending in SC

No.10/2021 on the file of Prl. District and Sessions

Judge, Gadag) of Gadag Rural Police Station for the

offences punishable under Section 302 r/w Section 34

of The Indian Penal Code (hereinafter referred to as

the ‘IPC’, for brevity).

2.

The case of the prosecution is that

complainant is one Ramesh Lamani who is brother’s

son of deceased Laxman. Deceased Laxman had

married this petitioner and out of marriage they had

one son-CW-6/Devaraj. It is further stated that since

8 to 10 years deceased and this petitioner had shifted

to Goa for avocation and they were doing fishing

business, for the purpose of business the deceased

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had purchased vehicle and he had appointed accused

No.1 as driver. The accused No.1 during course of

employment came in contact with this petitioner and

they both had developed relationship. Due to Covid-

19 pandemic the deceased and petitioner had shifted

back to native, the deceased under intoxication used

to shout at petitioner and accused no.1 since they had

developed relationship. The complainant and his

friend intervened and advised the accused No.1 to

discontinue the relationship. The accused No.1 did

not heed to the advice and threatened to do away

with the deceased. On 30.09.2020 the complainant

after finishing his dinner was sleeping and on

01.10.2020 at about 6 a.m. the petitioner/accused

No.2 came to complainant’s house and raised hue and

cry and informed that deceased was not getting up

from sleep. Immediately, complainant, his mother

rushed to petitioner’s house and saw deceased was

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sleeping. After noticing the deceased had died, and

after enquiry the petitioner alleged to have revealed

that in night deceased came to house in drunken

position, thereafter, she provided food and deceased

slept and in the morning when she tried to awake him,

he was not responding. Thereafter, elder of the

village decided to cremate the deceased and while

washing the body of deceased it was noticed some

ligature mark in and around neck, therefore, again

elders enquired the petitioner and it is alleged that

petitioner has revealed that since deceased was

constantly harassing the petitioner raising doubt about

the relationship, the petitioner and accused No.1

decided to do away with the deceased and as such

petitioner

along

with

accused

No.1

killed

the

deceased. The said complaint came to be registered

in Crime No.46/2020 of Gadag Rural Police Station for

the offence punishable under Section 302 r/w Section

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34 of IPC. The petitioner and accused No.1 were

arrested on 02.10.2020 and Investigation Officer has

filed charge sheet for the offence punishable under

Section 302 R/w Section 34 of IPC and the case is now

pending on the fi