LAXMAN MALLAPPA PATIL 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.240/2019 of Yamakanamaradi Police Station for the offences punishable under Sections 302 and 201 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that the PSI of Yamakanamaradi Police Station has filed a complaint on 21.11.2019 stating that he received one petition written by unknown person from CPI, Hukkeri and after verifying the said complaint, it revealed that on 23.08.2019, the present petitioner assaulted his brother-Kadappa and murdered him and suppressed the genuine facts with an intention to escape from the legal clutches and burnt the dead body with the help of two persons by name Sanju Patil and Mallappa Gijawani by giving false statement to the village people that Kadappa died due to fall and so doing he tried to escape from the legal clutches. The said letter has been registered in Petition No.89/2019. The PSI secured the said person on 26.11.2019 and enquired about the matter, at that time, the petitioner has told that they are three brothers and Kadappa is elder to him and he is in the habit of consuming alcohol and he is unmarried and is wandering here and there and asking money from him for his habit and giving trouble to the petitioner. On 23.08.2019 at about 7.30 pm once again, Kadappa came to the house and demanded money. At that time, the petitioner told him that he is not having money with him and told him not to trouble but Kadappa tried to assault the petitioner and so in an angry mood, the petitioner assaulted Kadappa with hand and pushed him and due to this, he fell on the ground and died.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.