SHIVAJI @ RAMU 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.238/2019 of Muragod Police Station registered for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that one Abdulsab S/o Dadasab Shillidar of Chachadi has lodged a complaint and he is the neighbour of the deceased and the accused and Muragod Police have registered a case in Crime No.238/2019 for an offence punishable under Section 307 of IPC. Thereafter, the victim is said to have succumbed to the injuries in the hospital on 13/12/2019 and permission has been sought to substitute offence under Section 302 in place of Section 307 of IPC.

(3.) The case of the prosecution is that on 11.12.2019 at about 8.15 pm, the petitioner/accused is alleged to have assaulted Neelappa @ Sadeppa s/o Rajeppa Karade on his head with a stone with an intention to cause his death and thereby committed his murder in front of the house of the accused situated at Chachadi Village. The complainant is the neighbour of the deceased and the accused. The deceased was addicted to alcohol since last 10 to 12 years and every day he used to return to his house in a drunken state and used to quarrel with his family members and in that regard, the accused and his mother requested the complainant and elders of the village to advice the deceased not to consume alcohol and quarrel with the family members. The complainant and the elders of the village advised the deceased but the advice went in vain. On 11.12.2019 at about 8.15 pm the deceased came home in a drunken stage and he picked up a quarrel with his family members while standing on the concrete road at that time, the complainant is alleged to have come out of his house on listening the noise and is alleged to have witnessed the quarrel between the deceased and his family members and at that time, it is alleged that the petitioner/accused sought to question his father as to why he had consumed alcohol when he was wearing Ayappaswamy Mala and when they were staying in a rented house and were planning to construct a new house. The deceased is said to have answered rudely by stating that he was free to enjoy his money and no one could question him and this angered the petitioner and he is alleged to have assaulted the deceased with a stone and it is alleged that the incident happened in the presence of mother and brother-in-law of the petitioner. Due to the assault, the deceased fell down and found that father of the accusd was gravely injured. They secured 108 ambulance and took him to Bailhongal Government Hospital and thereafter took him to Government Hospital, Belagavi where he succumbed to the injuries on 13/12/2019. The petitioner filed a bail application in Crl.Misc.No.660/2020 which came to be dismissed by the learned V Additional District and Sessions Judge, Belagavi by order dated 22.06.2020. Therefore, the petitioner is before this Court seeking bail.