MAHALINGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused under Section 439 of Cr.P.C to release him on bail in Crime No.22/2020 of Belakavadi Police Station, Mandya, (C.C.No.29/2020) (pending on the file of the Principal Civil Judge & JMFC (Sr. Dn), Malavalli), for the offences punishable under Sections 302 and 201 of IPC.

(2.) I have heard the learned counsel Kum.Raksha Keerthana K for Sri.Kemparaju and learned HCGP Sri.Mahesh Shetty for the respondent-State.

(3.) The case of the prosecution in short is that on 7.2.2020 at about 9 p.m, petitioner/accused being the brother of the deceased Sowbhagyamma was watching and when the deceased Sowbhagyamma opened the door, he held a stone in his hand and tried to snatch the golden chain from her neck. When she resisted for the same, he held her turf and when she tried to make a hue and cry, he took out the stone which was there on his left hand and assaulted on the head and as a result of the same, she fell down and died. He destroyed his clothes by burning and on 9.2.2020, he went to the pawn brokers shop and pledged the articles and has taken Rs.55,000/-. Subsequently, a complaint has been registered by the brother of the deceased.