BILICHODU BASAVARAJA @ BASAVARAJA 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.12/2019 of Halavagilu Police Station registered for an 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 Smt.Mangalamma, w/o Matturu Basavarajappa of Haluvagilu village of Harapanahalli taluka, has filed a complaint stating that her husband had a brother by name Matturu Ningappa, who had a wife and three sons and all are living in a separate house doing agriculture work and the house of Ningappa-deceased is situated behind the complainant's house. Ningappa is having own tractor and he is using the same personally. Two years back, Ningappa was cultivating the land which was belonging to one Gururaj, s/o Hemageri Kambali, by his own tractor. The accused is the brother-in-law of Gururaj. When Ningappa was cultivating the land, the accused along with 4 other persons came to the land wherein Ningappa-deceased was cultivating and asked to stop the work. The accused assaulted Gururaj Kambali and therefore the said Gururaj Kambali filed a complaint before Haluvagilu Police Station against the petitioner/accused and others. It is alleged that Ningappa was a witness against the accused. That on 22.02.2019 at about 4.00 pm Ningappa was returning to his village after giving evidence in the Harapanahalli Court against the petitioner/accused and before Ningappa reached his house, the family members of the deceased had gone to Mailarlingeshwar fair. On the said day at about 5.00 pm, the accused rushed to the house of the deceased and searched for him but at that time, Ningappa was not available in the house and therefore, the accused returned abusing said Ningappa saying that he will finish him. On the same day at about 9.00 pm, the petitioner/accused brought an axe in his motor bike bearing registration No.KA.17/L-0351 and at that time, Ningappa was engaged in talking over his mobile with someone sitting on a katta in front of his house, smoking, and at that time, the accused rushed with an axe with an intention to kill Ningappa and immediately assaulted the Ningappa on left side of his neck with an axe and Ningappa fell down. The said Ningappa was shifted to Harihar Government Hospital in an ambulance at about 10.15 pm and after the Doctor examined him, reported that Ningappa was dead. A complaint came to be registered in Crime No.12/2019 against the petitioner/accused for an offence under Section 302 of IPC. The petitioner was arrested on 23.02.2019. The petitioner moved bail application in SC No.5027/2020 and the learned III Additional District and Sessions Judge, Ballari (sitting at Hospete) rejected the said bail application by order dated 10.06.2020. 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.