UMESH NAGAPPA URF SANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.4 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.157/2019 of Dharwad Rural Police Station, registered for the offence punishable under Sections 120B, 302 and 201 read with Section 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 27(3) of Arms Act, 1959.

(2.) It is the case of the prosecution that one Joseph Johnson, s/o Narasimhalu Maithkuri has filed a complaint and he is the brother of the deceased- Shamsundar Devaraj. It is alleged in the complaint that the Shamsundar was working as Accounts Head in Panasonic Company in Bengaluru and he was residing with his wife and children at Bengaluru and he was transferred to Delhi and he went to Delhi. Shamsundar used to visit Dandeli often. On 21.09.2019, Shamsundar came to Dandeli on leave and spent some time with his family members. On 25.09.2019, he was going to Delhi by plane from Hubballi and accordingly, he was proceeding in his car bearing No.KA.01/ML- 6706 and the same was driven by the driver namely Abdul Mutalib Shaikh. At around 09.33 am, the driver of the car telephoned the complainant and informed that when they were proceeding towards Hubballi, 3 persons came on motorcycle by following the car and stopped their car at Salakinakoppa village near Dharwad at an isolated place and the last pillion rider of the motorcycle came near the car along with pistol and fired a bullet on the deceased on the left shoulder of Shamsundar and he sustained grievous injuries and became unconscious and the persons who came on motorcycle went away from the spot on the motorcycle. Thereafter, the complainant told the driver to take Shamsundar to the District Hospital, Dharwad. The driver took Shamsundar to the Hospital for treatment and when they reached the District Hospital, they came to know that Shamsundar was no more and he died on the way to hospital. The complainant filed a complaint against unknown persons and the said complaint came to be registered in Crime No.157/2019 for an offence punishable under Section 302 read with Section 34 of IPC and Section 27(3) of Arms Act. The Investigating officer arrested the accused persons. The petitioner/accused No.4 filed bail application in Crl.Misc. No.466/2020 before the learned IV Additional District and Sessions Judge, Dharwad, and the same came to be rejected by order dated 09.09.2020. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner/accused No.4 and the learned High Court Government Pleader for the respondent-State.