YALLA PPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.4 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.82/2019 of Ankali Police Station (SC No.55/2020) pending on the file of the III Additional District and Sessions Judge, Belagavi, registered for the offences punishable under Sections 120(b) and 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that there was dispute between deceased Deepak and accused No.3- Jyothiba Appaji Rayamane with regard to discharge of drainage water and the deceased was not giving respect to accused No.3 and there used to be quarrel between them. It is the further case of the prosecution that the deceased was also not giving respect to the petitioner- accused No.4-Yallappa Laxman Sanadi and therefore accused Nos.3 and 4 conspired together to finish Deepak. It is further alleged that accused No.4- petitoner had introduced accused No.1-Sagar Raju to accused No.3. It is further alleged that accused No.3 gave supari, to finish Deepak, to accused No.1 for Rs.20,000/- and gave advance of Rs.2,000/- and also handed over a iron rod. It is further alleged that in view of the conspiracy and supari given by accused No.3, accused Nos.1 and 2 have assaulted Deepak with iron rod and committed his murder. On the complaint made by the mother of deceased Deepak, a case came to be registered in Crime No.82/2019. After investigation, the Investigating Officer has filed charge sheet against accused Nos.1 to 4 for the offences punishable under Sections 120(b) and 302 read with Section 34 of IPC and Section 3(2)(v)(va) of the Scheduled Castes and Scheduled Tribes (Preventions of Atrocities) Amendment Act, 2015.

(3.) The petitioner/accused No.4 has been arrested on 28.11.2019. The bail application filed by the petitioner in Crl. Misc. No.166/2020 came to be rejected by the learned III Additional District and Sessions Judge, Belagavi, by order dated 12.06.2020. Therefore, the petitioner is before this Court seeking bail.