HOLEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C. seeking bail in Crime No.198/2019 of Mudhol Police Station (SC No.42/2020) registered for the offence punishable under Section 302 r/w Section 34 of IPC.

(2.) The case of the prosecution is that on 05.12.2019 one Manju S/o Venkappa Talawar, the son of the deceased filed a complaint against petitioner and another for alleged offences punishable under Section 302 r/w Section 34 of IPC. The complaint reveals that Rayappa, Pandappa and Dyavappa are complainant's father's elder brothers, each having 3 acres of land in Machakanur village, Tq:Mudhol. The complainant states that his father was living at Machakanur plot house and petitioner-accused No.1 used to irrigate the land belonging to his family since three years. It is further alleged that one month ago when he visited the Machkanur village, he was informed by petitioner and another person that complainant's father was harassing the petitioner-accused by not paying any money towards irrigation work done by the petitioner. It is further alleged in the complaint that the petitioner had threatened to kill the father of the complainant if the harassment continued. On 05.12.2019 at about 7.30 a.m. complainants relative Vittal S/o Ramappa Chigari came and informed that his father Venkappa was found dead near his land at Machakanur village. It is further stated in the complaint that on inquiry, his relative Lakkappa S/o Yamanappa Bhavidandi told him that, on previous day he heard some noise at some distance and saw father of complainant Venkappa quarrelling with petitioner-accused No.1. Father of complainant assaulted the petitioner- accused No.1 and he sustained injury on his forehead. It was alleged that the accused No.1 went away with a threat to kill the father of the complainant. The complaint is filed on the assumption that assault by father of complainant on the accused No.1 might have provoked the accused No.1 to commit the murder of the father of the complainant. A complaint came to be registered in Mudhol Police Station Crime No.198/2019. Petitioner-accused No.2 was arrested on 07.12.2019. Charge sheet has been filed for the offence punishable under Section 302 r/w 34 IPC against petitioner-accused No.2 and another. The bail application filed by the petitioner-accused No.2 came to be rejected by I Addl. District and Sessions Judge, Bagalkot sitting at Jamkhandi in SC No.42/2020 on 30.07.2020. Hence, the petitioner-accused No.2 is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused No.2 and learned HCGP for respondent-State.