SATYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.3 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.132/2019 of Navalgund Police Station for the offences punishable under Sections 302 and 201of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) (in SC No.22/2020 pending on the file of the learned Principal District and Sessions Judge, Dharwad).

(2.) The case of the prosecution is that one Ramesh(accused No.1) son of Hanumanthappa Kiresur filed a complaint that he is the resident of Jawoor village in Navalgund taluk and now residing at Gopanakoppa, Hubballi. His father-Hanumanthappa Kiresur and his mother Chinnawwa, his elder sister Manjawwa, married to one Raju of Betasur village and his younger sister are residing with him. Prior to 1 1/2 months, the complainant along with his wife Yashoda, mother and sister went to Hubballi to earn their livelihood leaving his father at his native and they were residing at Hubballi and his father alone used to stay at farm house. It is further alleged that on 28.10.2019 at 8.00 am the complainant received phone call from one Vasanth Avadi and informed that his father is lying dead beside the road on Jawoor Hanchinal Road near the field of one Hanamanth Kalkutri. Immediately, himself, his mother, wife and sister went to Jawoor village and saw his father's dead body lying on the side of the road and later he saw that his father had sustained injuries to left forehead with some weapon and there was a ligature mark on his neck and his father's motorcycle was lying near the dead body. The complainant enquired his elder uncle-Madivalappa Basappa Kiresur wherein he told that he saw the deceased on 27.10.2019 at 9.00 pm when he had come to market. Narrating the said facts, the complainant lodged a complaint on 28.10.2019 at 11.30 am before Navalgund Police against unknown persons. A case came to be registered in Navalgund P.S. Crime No.132/2019 against unknown persons for the offences punishable under Sections 302 and 201 IPC. During the course of investigation, accused No.2 and the present petitioner-accused No.3 were arrested on 05.11.2019. The Investigating Officer, after completing investigation filed charge sheet and case is registered in CC No.41/2020. The said case has been committed to the Sessions Court and registered in SC No.22/2020. The bail application filed by the petitioner in Crl.Misc.No.316/2020 came to be rejected by the learned IV Additional District and Sessions Judge, Dharwad, by order dated 14/07/2020. Therefore, the petitioner is before this Court seeking bail.

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