RAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking bail in Crime No.55/2020 of Rattihalli Police Station registered for the offence punishable under Sections 143 , 147 , 323 , 307 , 302 , 504 and 506 r/w Section 149 of IPC.

(2.) The case of the prosecution is that the wife of the deceased has filed complaint stating that she is residing along with her brother-in-law and his wife and her family property is situated at Ballapur village measuring 4 acres 24 guntas which stands in the name of her husband and his brother that are adjacent to the property belonging to petitioner's family and with regard to the boundary there exist a frequent disputes and clashes between the families. It is further alleged that on 23.05.2020 when she engaged herself in agricultural activities along with her deceased husband, her children and wife of her in-law around 1.45 p.m. all the accused persons engaged themselves in pouring fertilizers to their Areca nuts trees grown upon their agricultural land. The complainant further alleged that accused No.1 and 2 had removed the stone which was kept for demarcating the boundaries between the properties belonging to petitioners and the complainant's family, the deceased victim (complainant's husband) having noticed the same questioned the accused persons as to why they have removed the stone and there was a quarrel between them and accused Nos.1 to 3 and 6 have attacked the deceased and scolded him in filthy language and kicked, beaten and assaulted the deceased victim. At the end accused No.2 held the chemical fertilizer in his hand and by coercion with the intention of killing him administered the same to the victim at his mouth and spilled the same over his body. Thereafter, the accused persons left the scene of offence by giving life threat. The said complaint was registered in Crime No.55/2020 of Rattihalli Police Station for the offences punishable under Sections 143 , 147 , 323 , 307 , 504 and 506 r/w Section 149 of IPC. The petitioner came to bearrested on 26.05.2020. The petitioner-accused No.1 has filed bail application before II Addl. District and Sessions Judge, Haveri sitting at Ranebennur in Crl.Misc.No.74/2020 and the same came to be rejected by order dated 22.06.2020. Hence, the petitioner-accused No.1 is before this Court seeking bail. During the pendency of this present petition, charge sheet has been filed and counsel for the petitioner has produced the charge sheet for the offences punishable under Sections 306 , 504 , 506 r/w Section 34 of IPC. The charge sheet is filed only against the accused No.1-Ramappa, accused No.2-Kiran and accused No.3-Rekha and charge sheet is not filed against other accused who are named in the FIR. In the charge sheet, it is alleged that due to repeated disputes alleged by the accused, the deceased fed up with the same has committed suicide and accused have abetted the said suicide.

(3.) Heard the learned counsel for the petitioner-accused No.1 and learned HCGP for respondent-State. Perused the FIR and the complaint.