PADMAMMA Vs. STATE

JUDGEMENT

(1.) The petitioners have sought for regular bail under section 439 of Code of Criminal Procedure in Crime No.77/2019 of Mudhol Police Station registered for the offences punishable under Sections 143 , 147 , 148 and 302 read with Section 149 of Indian Penal Code (hereinafter for brevity referred to as ' IPC ').

(2.) The summary of the charge sheet is that deceased Malakappa and his six brothers had inherited ancestral property to an extent of fifty acres of land in their village. Though the said land was divided among the brothers inter se, however, about six acres of land had still remained in the possession and cultivation of Malakappa in which also the remaining brothers were demanding their share. It is further alleged that, in that regard a panchayat was held about two months prior to the date of the incident where it was agreed that accused have to incur the expenses of Phodi and the land should be distributed among Malakappa and his six brothers equally, however, Malakappa is said to have not honored the decision said to have been taken in the panchayat despite several demands said to have been made by his brothers and their family members. This made the other brothers conspired to take away the life of Malakappa, if he does not partition the property as agreed in the panchayat. In that regard, on 12.06.2019, at about 7.00 p.m., when the said Malakappa joined by his two sons namely, Chennappa and Shankreppa were cultivating their lands, all the charge sheeted accused armed with deadly weapons proceeded to the said land and initiating a quarrel with Malakappa, assaulted him and his two sons with deadly weapons which they carried with them. In the process several injuries were inflicted upon Malakappa and his two sons by the group of the accused, due to which Malakappa and his son Shankreppa succumbed to the injuries on the spot and his other son Chennappa, who was injured, died in the hospital while under treatment on the same day in the afternoon. Thus, the Investigating Officer said to have collected sufficient materials in that regard and has filed the charge sheet against all the accused for the offences punishable under Sections 143 , 147 , 148 and 302 read with Section 149 of IPC. The present petitioners are accused Nos.6, 7 and 8 in the charge sheet.

(3.) The learned counsel for the petitioners in his argument submitted that even according to the charge sheet, there is no overt act alleged against the present petitioners. It is only alleged that they were present in the said land when the incident said to have taken place. The learned counsel further submits that in order to rope all the family members of brothers of Malakappa, the present petitioners have been falsely implicated in the alleged incident. He also submits that even if the contents of charge sheet taken on its face value, there is no direct overt act alleged against the present petitioners. Further stating that the petitioners are ladies, having children to be taken care of, learned counsel prays for allowing the petition.