MAHADEVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.67/2019 (SC No.147/2019) of Dharwad Rural Police Station registered for the offence punishable under Sections 302 , 504 , 506 of IPC on the file of Prl. District and Sessions Judge, Dharwad.

(2.) The case of the prosecution is that on 04.04.2019 in the night at 12 hours, while deceased Shivanand was returning to his home, the petitioner-accused took sickle in his hand and abused the deceased in filthy language and assaulted with the sickle on his head and face for three times and he fell on the ground and become unconscious. The said fact has been told to the complainant by Sri. Manjunath (CW-8). In the above said incident, Shivanand succumbed to injuries and a complaint came to be filed and it is registered in Dharwad Rural Police station in Crime No.67/2019 for the offence punishable under Section 504 , 506 , 307 of IPC. Subsequently, on the death of deceased Shivanand the offence under Section 302 of IPC has been added. The petitioner-accused has been arrested on 05.04.2019 and he is in judicial custody since then. The Bail petition filed by the petitioner before the Sessions Court was rejected.

(3.) Heard the learned counsel for the petitioner and learned HCGP for respondent-State.