VITTAL LAXMAN WADAVANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused Nos.1 and 2, under section 439 Cr.P.C., seeking bail in S.C.No.16/2020 pending on the file of II Addl. District and Sessions Judge, Bagalkote, registered for the offence punishable under section 302 read with section 34 of IPC.

(2.) The prosecution case is that on the complaint filed by father of the victim, the police have registered the case. The allegations are that, on 10.10.2019 evening at 4.30 p.m. his son Nabisab had gone out of the house. Later at 9.15 p.m. an unknown person came to his house and informed that his son Nabisab has fallen near Poornanandamath. On receiving the said information, the complainant, his wife and daughter went near the spot. On enquiry he informed that on account of the internal injuries caused to his legs he cannot walk. There was injury on his head, nose and neck and other parts of the body. On further enquiry the injured Nabisab informed that he had love affair with a girl by name Rukmini. About six months back her brother accused No.1 Vittal and another by name Manju had warned him that if he continues to talk to his sister, he will be killed. Despite the warning given by them, he was talking to Rukmini over mobile phone. On the said day evening at 7.00 p.m. he called Rukmini over the phone, the call was received by her brother. Thereafter both accused Nos.1 and 2 took him over the motorcycle near Sunagad cross bus-stand at about 8.15 p.m. and assaulted him. At that time vehicles were moving on the road, as such they took him to agricultural land and once again assaulted with sticks on his back and head. The injured was brought on the motorcycle near Poornanandamath and left him at the said spot. The injured victim died while he was being taken to the hospital. Then the complainant brought the dead body to the same spot. After consulting the elders in the village, the complaint was filed. After conducting the investigation, the police have filed the charge sheet. The accused persons are arrested on 12.10.2019. The bail petition filed before the Sessions Court is rejected.

(3.) Heard the learned counsel for the petitioners and the learned HCGP. Perused the charge sheet records.