PAVAN RAMESH KUDALKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.No.100651/2020 has been filed by the accused No.1 and Crl.P.No.100776/2020 has been filed by the accused No.2. Both the petitions have been filed under Section 439 of Cr.P.C. seeking bail in Crime No.03/2020 of Shahapur Police Station for the offences punishable under Section 302 read with Section 34 of IPC.

(2.) The case of the prosecution is that on the complaint of one Sri.Ramachandra Basavanni Balanaik, SHO, Shahapur Police has registered the Crime No.03/2020 against the accused Nos.1 to 3 for the offence punishable under Section 302 R/w Section 34 of the IPC before the JMFC III Court, Belagavi. The accusations made in the charge sheet are that on 14.01.2020, the deceased Mohammad Samiulla S/o Mohammad Safiulla, in order to drink liquour came to Maharaj Wine Shop situated at Old PB Road, Yadiurappa Marg, near Dharward Naka. At that time the accused No.1 and the accused Nos.2 and 3 came to Maharaj Wine Shop. The deceased has asked match- box to the accused. At that time the accused told the deceased that they have no match box and ask it to the waiter. At that time the deceased abused the accused in a dirty and vulgar language-'you are taking/burning the cigarette, you are saying you have no match box bosadimagane, ninna akkan hada, you are telling lies'. Therefore all the accused become angry and beaten him and in order to kill the deceased the accused called him by saying they will give him match-box. Thereafter, all sat in an agriucultal land by drinking liquour and the accused asked the deceased why you have abused them. Thereafter the deceased took quarrel with the accused and went to beat them, at that time the accused No.1 assaulted the deceased on his head by using the empty beer bottle. Thereafter the deceased has ran into the agricultural land and the accused chased him by throwing mud stones on him and the said person due to slip fell down, all the accused thrown mud stone on him and the accused No.3 pressed the neck of the said person with his leg and the accused No.1 and accused No.2 claimbed on his body and stamped him. Accused Nos.1 to 3 killed the deceased at 11.45 p.m. and accused No.1 came to Police station on 15.01.2020 in the morning at 6.10. a.m. and told the incident and admitted the crime. The accused No.1 was arrested on 15.01.2020 and produced before the Magistrate and he was remanded to judicial custody. The accused No.2 was arrested on 17.01.2020 and he was remanded to the judicial custody. The accused Nos.1 and 2 have applications seeking bail and they came to be rejected by 10th Addl. District and Sessions Judge, Belagavi. Therefore, accused Nos.1 and 2 are before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused Nos.1 and 2 and learned HCGP for respondent-State.