RAMESH H. KIRESUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petit'ioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.132/2019 of Navalagund Police Station registered for the offence punishable under Section 302 and 201 of IPC.

(2.) The case of the prosecution is that the petitioner- accused No.1 herein was the complainant in the above case. In the complaint dated 28.10.2019 lodged by the petitioner that the deceased was the father of the petitioner. Petitioner along with his mother Smt.Chennavva and his father (deceased) were from Jawoor village, Navalgund Taluk of Dharwad district. The petitioner's elder sister was given in marriage with one Mr.Raju of Betasur village. One month ago, the petitioner along with his mother Smt.Chennavva and his wife Yashoda and his younger sister went to Hubballi to eke their livelihood and petitioner's father was staying at his farm house in the said village. On 28.10.2019 at about 8 a.m. one Mr.Vasant Avadi of petitioner's village had called him and informed that the petitioner's father was lying dead on Jawoor-Hanchinal Road near Hanumanth Kalakurtri's farm. The petitioner immediately after receiving the information rushed to the spot along with his mother, wife and younger sister and saw his father's body and witnessed some injuries on left side of the forehead, injuries on left of the neck and TVS Star City 2 wheeler was also lying near the dead body. When the petitioner was at the scene of occurrence to enquire about the said incident, that his father's elder brother Mr.Madivalappa Kiresur told that he saw the deceased at about 9 p.m. on 27.10.2020 at market place. It was further stated by the petitioner that between 9 p.m. on 27.10.2020 to 7 am on 28.10.2020 some accused have committed the murder of the petitioner's father with deadly weapon and vehicle was thrown near the body of the deceased in order to destroy the evidence. Therefore, the petitioner had lodged a complaint. Based on the said complaint a case is registered in Crime No.132/2019 against unknown persons for the offences punishable under Section 302 and 201 of IPC. On 28.10.2019 the respondent Police have recorded statement of some witnesses and further statement of the witnesses on 05.11.2019 and embroidered a false theory that with regard to overt acts of the petitioner and further implicated the petitioner as accused No.1 and along with other accused as accused Nos.2 and 3. The respondent Police have arrested the petitioner on 05.11.2019. The Police have filed charge sheet and case is registered in S.C.No.22/2020 is pending on the file of Prl. District and Sessions Judge, Dharwad for the offences punishable under Section 302 , 201 of IPC. It is the case of the prosecution that deceased had quarreled with accused No.1, wife and other family members and they were thrown out of their homes, further accused No.1 along with his mother, wife and sister shifted to Hubballi to eke their livelihood. Accused No.1 being enraged by the same had called accused Nos.2 and 3 on 27.10.2019 and asked the accused Nos.2 and 3 to kill his father. Accused Nos.2 and

(3.) between 1 a.m. to 2 a.m. on 28.10.2019 killed deceased Hanumanthappa with rope and kandill and thrown the body at Jawoor-Hanchinal road. Petitioner-accused No.1 has filed bail application before IV Addl. District and Sessions Judge, Dharwad and the same is rejected by order dated 14.07.2020. Hence, petitioner-accused No.1 is before this Court seeking bail. 3. Heard the learned counsel for the petitioner-accused No.1 and learned HCGP for respondent-State.