(1.) This petition is filed by the petitioner-accused No.3 under Section 439 of Cr.P.C. seeking bail in Crime No.01/2019 of Marihal Police Station registered for the offence punishable under Sections 504, 452, 302, 506, 109, 120(B) r/w Sec.34 of IPC and under Section 3(1)(r), 3(2)(v) OF SC/ST POA, Act 1989.
(2.) The case of the prosecution is that one Basappa Irappa Myaklyagol has filed complaint stating that his son belongs to SC/ST and the accused persons belong to the other caste. That on 01.01.2019 his son deceased Nagendra after completion of mason work of the building which belongs to Mustaffa Gousa Pendari at about 6.30 p.m. at that time, the accused person along with others to commit the murder of the said Nagendra, started quarrelling with him and abused in filthy language taking the name of caste i.e. byadra sulemagana and with the help of sword and jambe assaulted Nagendra and committed his murder. Petitioner-accused No.3 came to be arrested on 13.01.2019. The petitioner has filed bail application in Crl.Misc.No.1110/2020 and it came to be rejected by III Addl. District and Sessions Judge, Belagavi by order dated 20.08.2020. Hence, petitioner-accused No.3 is before this Court seeking bail.
(3.) Heard the learned counsel for the petitioner-accused No.3 and learned HCGP for respondent-State.