NAVIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.2 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.95/2019 of Dharwad Sub- Urban Police Station for the offences punishable under Sections 302 and 120B read with Section 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution in brief is that on 27.07.2019, the complainant Rakesh lodged a missing complaint that his brother Nagaraj was missing since 26.07.2019 and it was registered in Crime No.94/2019. Thereafter, on 29.07.2019 at 10.00 pm, the dead body of Nagaraj was found behind the KUD Ladies Hostel, Dharwad. Thereafter, the complainant Rakesh lodged a complaint alleging that his brother Nagaraj was doing a small money lending business. The schoolmate of Nagaraj i.e., accused No.1 had taken hand loan of rupees one lakh for the marriage of his sister on the condition that he will repay the same. However, accused No.1 failed to repay the said hand loan to Nagaraj and in that regard a dispute arouse between them. A notarized agreement was executed by accused No.1 that he will repay the said amount within one month. In spite of that Nagaraj used to harass accused No.1 and even he went to his house at Mugad village and abused his mother and pregnant sister. As such, accused No.1 was angry on Nagaraj. With that enmity and anger, on 25/07/2019, accused No.1 along with accused Nos.2 and 3 hatched a plan near Anupama Hotel, Srinagar cross that by administering alcohol and throwing chili powder into the eyes of Nagaraj, they will kill Nagaraj. As per their plan, on 26.07.2019, accused Nos.1 and 2 took the deceased Nagaraj behind KUD Ladies Hostel, Nilagiri Plantation, administered alcohol to him and thereafter accused No.1 took quarrel with deceased and assaulted with stick kept therein on the face of the deceased. Accused No.3 also assaulted with the stick on the legs of Nagaraj. Accused No.2 threw chilli powder on the face of Nagaraj. Nagaraj to save his life tried to escape but he slipped down and at that time accused No.1 assaulted with stick on the head of Nagaraj for 4 to 5 times and caused grievous injuries. Accused No.3 also assaulted on the various parts of the body of Nagaraj. Accordingly, Nagaraj died due to the said injuries. Based on the said complaint, Dharwad Sub-Urban Police have registered a case in Crime No.95/2019 for the offences punishable under Section 302 read with Section 34 of IPC. During the course of investigation, the petitioner/accused No.2 and another person i.e. accused No.3 were arrested on 31.07.2019 and the police have recorded their voluntary statement. The Investigating Officer, after investigation, has filed charge sheet against accused Nos.1 to 3 for the offences punishable under Section 302 and 120B read with Section 34 of IPC. The petitioner approached the Sessions Court seeking bail and his application came to be rejected. Therefore, the petitioner is before this Court seeking bail.

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