MALLAYYA TOPI ANJANEYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed under Section 439 of Cr.P.C. praying to enlarge the accused/petitioner on bail in connection with Crime No.32/2019 of Idapanur P.S. Dist. Raichur, which is registered for the offences punishable under Sections 504 , 324 , 302 , 307 , 506 read with Section 34 of IPC.

(2.) It is the case of the prosecution as per the First Information Statement (for short 'FIS') and charge sheet materials that there is enmity between CW-11 & 23 against the accused about the agricultural landed properties and on the earlier occasion there was quarrel between them and it was pacified by the elderly villagers and there afterwards the accused have developed ill-will against the complainant and his brothers. It is stated that on 03.05.2019 at evening 6:00 p.m. the petitioner and other accused have also quarreled with the complainant and his brothers and at that moment the deceased had pacified the quarrel and the petitioner and other accused have criminal vengeance against the complainant and his brothers. When this being the fact, on 04.05.2019 the petitioner and other accused have come to the house of the deceased along with wooden club and stone and abused him in filthy language and suddenly the petitioner and other accused have assaulted the deceased with the wooden club on the head and the deceased had sustained bleeding injuries. The petitioner and other accused have assaulted eyewitnesses CWs.12, 13 and 14 therefore due to this assault with wooden club on the head of the deceased, the deceased suffered and immediately deceased was admitted to the VIMs hospital Ballari and on 05.05.2019 at morning 3:00 am the deceased dead without responding to the treatment. Therefore, the first informant has registered the crime and accordingly FIR is registered under Sections 504 , 324 , 302 , 307 , 506 read with section 34 of IPC.

(3.) Learned counsel for the petitioner argued that there are no deadly weapons used for the alleged offences, there are merely verbal altercations and in such sudden spur of moment the incident was taken place by taking up wooden stick. Therefore, there are no deadly weapons used since this altercations is generated in a sudden spur of moment and such incident was occurred. It is submitted that at the most attracts offence under section 304 Par II of IPC and this offence is punishable with imprisonment which may extend to 10 years. The counsel for the petitioner submitted that since Investigating Officer had filed charge sheet the petitioner may not be required for further investigation and the petitioner is in judicial custody nearly one year. Therefore prayed to release the petitioner on bail. Therefore, considering all these nature of allegations against the petitioner, the petitioner may be enlarged on bail.