BEERAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking bail in Crime No.75/2020 of Yamakanmardi Police Station registered for the offence punishable under Sections 302, 341 r/w Section 34 of IPC.

(2.) The case of the prosecution is that one Sri. Bhimarao Pundalik Hegade has filed complaint stating that he is residing in Kakati of Belagavi along with his wife Shridevi and children and mother etc. That the maternal house of informant s wife is Narasingapur village of Hukkeri taluka. In the maternal house of his wife, her father Vittahal Bheerappa Kamati, mother Kashavva and brother deceased Bheerappa Vitthal Kamati aged abut 27 years and his wife Sarojini and son Sanchit were living together. Bheerappa was doing driver work. On 01.04.2020 at about 3.00 a.m. in the early morning deceased Bheerappa Kamati brother of informant s wife came to his house, upon asking deceased Bheerappa Kamati stated that his relative by name Vitthal Siddappa Badayi has objected last night for having illicit relationship with his wife Anjana, for that being afraid of him he came there. Thereafter, in the evening at about 6.00 p.m. informant s father-in-law Vitthal Bheerappa Kamati i.e. father of Bheerappa through phone informed to bring his son deceased Bheerappa to the village as there was meeting with the elders of the village to solve the dispute. The informant at about 7.45 p.m. took the said deceased Bheerappa on his motorcycle to Narasingapur village through Kakati and stood near the Laxmi temple of Narasingapur near the side of the NH-4. At that time Bheerappa Dundappa Badayi-accused No.1 and Satyappa Siddappa Badayi-accused no.2 were standing near the temple near Bheerappa s house, the said Bheerappa-accused No.1 Badayi was holding the sickle, and stated that the Bheeraya has come and upon seeing the same his brother-in-law started to run by crossing the NH-4 road, both of them chased and informant also followed them, by the east side of the NH-4 in the grave yard of the Narasingapur, the said Satyappa-accused No.2 is holding him and the informant being afraid was standing far away and Bheerappa Badayi-accused No.1 by use of sickle caused 3 to 4 injuries on his neck and left the deceased Bheerappa there itself and went along with the sickle. Thereafter, informant went near his brother-in-law Bheerappa and saw bleeding injuries on neck and head and was dead and the time is about 8.15 p.m. subsequently, informant went to his father s house and informed the same fact and thereafter they also seen the same. The complaint came to be registered in Crime No.75/2020 of Yamakanmardi Police Station. Petitioners were arrested on 02.04.2020. The petitioners approached the X Addl. District and Sessions Court, Belagavi in Crl.Misc.No.1040/2020 and the same came to be rejected by order dated 31.07.2020. Therefore, petitioners are before this Court seeking bail.

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