PILLAVENKATESHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. praying to enlarge him on bail in Cr.No.31/2020 of Vemagal Police Station, Kolar for the offence punishable under Section 302 , 323 , 324 , 341 , 504 , 506 , 307 , 114 r/w Sec.34 of IPC .

(2.) I have heard the learned counsel Sri. Shankarappa S. for petitioner-accused No.9 through video conferencing and learned High Court Government Pleader Sri.R.D.Renukaradhya, for respondent-State.

(3.) The genesis of the case of prosecution is that the complainant and the accused who were relatives and were having dispute with regard to lifting water from the tank, in that light on 18.02.2020 at about 04.30 p.m., when the accused no.4 who had obtained tender for fishing in the tank, had come in the said place and even the PDO had also visited the said place, wherein a quarrel had taken place. The said quarrel has been pacified and they have been advised not to lift any water from the tank. On the same day at about 05.30 p.m. when the complainant was returning to his village, the accused persons had joined together and started to assault him with sickle due to which he had sustained bleeding injuries on his left ear and at that point of time, deceased-Channappa who is none other than the father, along with his mother CW-2 had intervened to pacify the quarrel, accused No. 2 and 3 had assaulted Channappa with a club on the body of the deceased and it is accused no.1 who had assaulted with club on the head of the deceased and as a result of the same, he had sustained grievous injuries and subsequently he had been admitted to S.N.R. Hospital, Kolar and later on shifted to Abhaya Hospital at Bengaluru and on 25.02.2020, Channappa had succumbed to the injuries.