LAWS(KAR)-2020-8-299

MAHALINGAPPA Vs. STATE OF KARNATAKA

Decided On August 20, 2020
MAHALINGAPPA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Crl.P.No.100672/2020 has been filed by the accused Nos.1 and 2 and Crl.P.No.100673/2020 has been filed by the accused Nos.3 to 5. Both the petitions have been filed under Section 439 of Cr.P.C. seeking bail in Crime No.44/2020 of Mahalingapur Police Station registered for the offences punishable under Sections 143 , 147 , 323 , 302 , 504 and 506 r/w Sec.149 of IPC and Section 3(2)(va) of SC and ST (POA) Act, 1989. Subsequently, charge sheet has been filed against accused Nos.1 to 5 for the offices punishable under Section 148 , 324 , 306 , 109 , 114 IPC and under Section 3(1)(r) , 3(1)(s) and under Section 3(2)(va) of SC and ST (POA) Act, 1989.

(2.) The case of the prosecution is that respondent No.2 Smt.Shridevi W/o Basappa Madar lodged a complaint alleging that on 23.05.2020 her brother deceased Vittal Bhagappa Madar called her and said that accused Nos.1 and 2 have assaulted him and threaten of dire consequences. Further, it is contended that accused Nos.1 and 2 have illicit relationship with accused Nos.4 and 5 and her brother deceased had objected them for approaching to his street. Hence, the accused have picked up the quarrel with him and knowing fully well that he belongs to schedule caste and have assaulted and abused him in a filthy language and gave life threat. Further, these accused have murder her brother Vittal Bhagappa Madar and dead body of the deceased found hanging to the column of the building. Basing on the complaint the Mahalingpur Police authorities have registered the case against the petitioners and others at their P.S. Crime No.44/2020 for the offence punishable under Sections 143 , 147 , 323 , 302 , 504 and 506 r/w Sec.149 of IPC and 3(2)(va) of Schedule Caste and Schedule Tribe(Prevention of Atrocities)1989. After investigation, charge sheet has been filed for the offences punishable under Section 148 , 324 , 306 , 109 , 114 of IPC and under Section Section 3(1)(r) , 3(1)(s) IPC and 3(2)(va) of Schedule Caste and Schedule Tribe(POA) Act 1989. The offence under Section 302 IPC has been dropped. The accused Nos.1 to 5 have been arrested on 25.05.2020. The accused Nos.1 to 5 have approached the II Addl. District and Sessions Judge, Bagalkote seeking bail and their application came to be dismissed by order dated 17.06.2020. Therefore, the accused persons are before this Court seeking bail.

(3.) Heard the learned counsel for the petitioners- accused Nos.1 to 5 and learned HCGP for respondent- State.