MANAPPA Vs. STATE

JUDGEMENT

(1.) The petitioner who is arraigned as accused No. 4 in S.C. No. 56/2019 arising in C.C. No. 133/2019 relating to crime No. 155/2018 of Kodekal Police Station registered for the offences punishable under Section 302 and 109 read with Section 149 of IPC has filed successive bail petition under Section 439 Cr.P.C. The petitioner is in judicial custody since from the date of his arrest. In this successive bail petition the petitioner has stated that since all the co-accused have already been granted bail in relation to the aforesaid case, he may also be granted bail.

(2.) Brief factual matrix of the petition are as under: The complainant - Ambresh who filed the complaint before the respondent - Police has alleged that the deceased - Ayyanna had married one Laxmi five years back. Thereafter the said Laxmi died. After the death of Laxmi, Ayyanna married one Renuka who is the sister of the complainant - Ambresh. Subsequent to marriage of the deceased - Ayyanna with Renuka, she was blessed with two daughters. It is further averred in the complaint that the complainant - Ambresh proceeded along with family members to Bengaluru in order to fetch coolie work and at that time his brother-in- law, namely, Ayyanna also went to Bengaluru along with his wife, Renuka for coolie work. Members of both the families were doing coolie work at Bengaluru. But, one week ego, the complainant - Ambresh, his wife and deceased - Ayyanna returned to their village Gudagunti and Ayyanna went to his village Gavighatti, Lingasugur taluk, wherein his mother was staying.

(3.) It is further averred in the complaint that on 13.11.2018 at about 08.00 am accused No. 1 - Hanamantaraya had confessed the incident said to have been committed by them before one Sri. Balappa Gouda who is the village Dalapati. The said Sri. Balappa Gouda had informed the same to the Police. Thereafter, Sri. Balappa Gouda went to the scene of crime along with one Bhimana Gouda and other villagers and they saw the dead body of the deceased - Ayyanna lying nearby the tree and when they observed the scene of crime found chilly powder which was sprayed on the eyes of the deceased - Ayyanna. They also found that there were ligature marks around the neck of the deceased and also noticed that there was abrasion on the back as well as on the part of the head of deceased - Ayyanna. In pursuance of the of the act of the accused, on the filing of complaint by the complainant, case in Crime No. 155/2018 came to be registered in Kodekal Police Station for the offences punishable under Section 302 and 109 read with Section 149 IPC. Subsequent to the registration of the crime, the case was taken up for investigation by the Police, investigation has been done and charge sheet has been laid against the accused in C.C. No. 133/2019 before the committal Court.