SANTOSH @ SADA MAHADEV CHANDRAKODI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused 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.74/2019 of Chikkodi Police Station, registered for the offences punishable under Sections 302 and 201 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) (now pending on the file of the learned VII Additional District and Sessions Judge, Belagavi).

(2.) The case of the prosecution is that one Yalagouda Mahadev Patil has lodged a complaint that his elder brother-Jyothigouda Patil-deceased has separated from them living with his wife and children separately and he was eking his livelihood by driving the tractor and he was addicted to alcohol and was drinking alcohol regularly. It is further alleged that on 14.06.2019 at about 7.00 am, the deceased had gone outside on his motorcycle and he did not come back even on that night. On 15.06.2019, Jyothigouda has called another brother namely Siddagouda and told that he has lost the key of motorcycle and the same has been parked at Government hospital, Chikodi. As such Siddagouda had been to Chikodi and he did not find the deceased at the spot and he took back the motorcycle. As the deceased has not returned to the village, the complainant and others have searched in and around places and they could not get the deceased. It is alleged that on 16.06.2019 at about 8.00 am the complainant and others have come to Chikodi in search of the deceased and on hearing the people that one dead body was lying at Umarani bridge and at about 10.00 am when they have reached Umarani bridge, they found that the dead body was of his brother Jyothigouda and found that unknown persons have committed the murder of his brother for unknown reasons. The said complaint has been registered in Crime No.74/2019 for the offences under Sections 302 and 201 of IPC against unknown persons. It is alleged that the deceased was found along with the petitioner on the basis of the CC TV footage of Raja Wines, Chikodi and therefore, the petitioner came to be arrested on 05.07.2019 and he was interrogated and alleged to have confessed the commission of offence. The Investigating Officer after completing the investigation has filed charge sheet. The petitioner/accused filed bail application in Crl.Misc.683/2020 and the same came to be dismissed by the Sessions Court. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.