GADIGEYYA 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.17/2020 of Haveri Rural Police Station registered for the offences punishable under Sections 326 , 302 , 504 and 506 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that one Santosh Irayya Hiremath has filed a complaint on 04.02.2020 alleging that he is residing with his father- Irayya, mother-Drakshyani and wife-Rekha and leading their family by doing coolie work. It is further alleged that his father has two brothers and two sisters. Among the said brothers, Uncle Kumarswamy is residing in Hombali village, tq. Hangal and the other Uncle is residing in Sirsi. All the brothers and sisters of the complainant's father are married and sisters are residing in their respective matrimonial home. It is further alleged that they are having an ancestral vacant site situated near Udachamma temple and insofar as this property is concerned there is no partition. Insofar as the said property is concerned, the petitioner Gadagayya was claiming that it belongs to him and that the deceased i.e., the father of the complainant has no interest in the said property. It is further alleged that on 04.02.2020 at about 9.00 am, the petitioner/accused was cleaning the said vacant site with the help of JCB, and, at that time, Irayya-deceased raised objection and there was verbal quarrel and the petitioner started to abuse the complainant's father in filthy language and threatened him. Even at the same time, the petitioner picked up a wet club and assaulted Irayya on his head and other parts of the body. It is also alleged that Irayya became unconscious and was shifted to District Hospital, Haveri, and for further treatment referred to KIMS, Hubli. The said complaint has been registered in Crime No.17/2020 for the offences punishable under Sections 326 , 307 , 504 and 506 of IPC. The petitioner came to be arrested on 04.02.2020. During treatment in KIMS hospital-Irayya died on 15.02.2020. The Investigating Officer filed a memo requesting to add Section 302 of IPC. The Investigating Officer filed charge sheet for the offences under Sections 326 , 302 , 504 and 506 of IPC. The petitioner filed bail application in Crl.Misc. No.29/2020 and the same came to be rejected by order dated 11.06.2020. 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.