MR.JINAPPA ISHWARAPPA GABANNAVAR Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C. seeking bail in Crime No.306/2018 of Hubballi Rural Police Station registered for the offence punishable under Sections 143, 147, 148, 324, 307, 302, 120(B), 201 R/W Sec.149 of IPC .

(2.) Heard Shri.Ravi B. Naik, learned senior counsel for the petitioner-accused No.2 and learned HCGP for respondent-State.

(3.) It is the submission of the learned counsel for the petitioner-accused No.2 that the complaint has been filed by the brother of the deceased on 24.11.2018 at 6 a.m. against the unknown persons. It is his further submission that CW-12 and CW-13 who are injured who were along with the deceased Basavaraj S Kadapatti and accused were from the same village and they can identify the accused who are also from the same village. Inspite of that complaint has been filed case against unknown persons and subsequently petitioner and other have been falsely implicated due to political rivalry. It is his further submission that in the inquest mahazar held on 24.11.2018 at 8.30 a.m. and spot mahazar held at 12.00 noon to 2 p.m. on 24.11.2018, there is a mention that four to five unknown persons have committed the offence. It is his further submission that injuries sustained by the CW- 12 and CW-13 are simple injuries caused from fall down form motorcycle and the same has been mentioned in the wound certificate of CW-13-Jagadish. It is his further submission that the incident has taken place at 12.10 to 12.20 a.m. and it was night and dark and the injured witnesses have not visualized who assailants are. Therefore, complaint is filed against the unknown persons. It is his further submission in the complaint, it is mentioned that after consulting family members and villagers, brother of the deceased has filed the complaint. It is his further submission that CW-12 and CW-13 who have stated due to fear of threat they have not disclosed the names of the assailants has not been stated in the statement recorded under Section 164 of CR.P.C. It is his further submission that accused Nos.6 and 8 have been granted bail and therefore, on the ground of parity, the petitioner-accused No.2 is also entitled for bail. With this he prays to allow the petition.