IRAPPA KALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.2 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.104/2014 of Kundagol Police Station (pending in SC No.74/2015 on the file of the learned V Additional District and Sessions Judge, Dharwad sitting at Hubballi) registered for the offences punishable under Sections 201 , 506 , 404 , 120B , 307 and 302 read with Section 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) It is the case of the prosecution that the complainant's elder sister-Renavva and her husband Govindappa Gokavi son of Basappa Gokavi, both were residing in Nalavadi village, Navalgund taluk and they had 200 sheep and the accused with an intention to rob those 200 sheep conspired together to commit the murder of Govindappa Gokavi and his wife Renavva on 06.08.2014 at 20.30 hours and accordingly, on 06.08.2014, at 00.30 hours, accused No.2 made a phone call to Govindappa Gokavi and confirmed that he is coming to the sheep corral and all the 3 accused surrounded Govindappa Gokavi in land bearing Sy.No.206/3 and accused No.1 with talwar, accused No.2 also with talwar and accused No.3 with talwar and knife assaulted him and killed him and robbed one mobile phone and cash of Rs.2,000/- and with an intention to disappear the evidence, they tied the dead body with the dhoti of the deceased and took it and buried it in the land bearing Sy.No.208/6. It is the further case of the prosecution that in furtherance of their conspiracy to kill Renavva wife of Govindappa Gokavi, on 10.08.2014 at 18.30 hours, when Renavva was in the sheep corral situated in Sy.No.158/2, assaulted her with talwar and knife on her head, right ear, right hand, neck, shoulder and back and killed her and this incident was witnessed by a shepherd-CW-21 and they chased him and tried to commit his murder and accused No.2 threatened CW-20, who is an eyewitness to the incident and demanded Rs.20,000/- from him to escape threatening him that he will tell his name to the police as offender and all the 3 accused have burnt their clothes worn at the time of the incident. Charge sheet has been filed for the offences punishable under Sections 302 , 201 , 404 , 506 , 120B and 307 read with Section 34 of IPC. The petitioner/accused No.2 had filed bail application and the same came to be rejected by the learned V Additional District and Sessions Judge, Dharwad sitting at Hubballi, by order dated 10.07.2015. 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.