NAGAPPA 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.134/2020 of Raibag Police Station registered for the offence punishable under Sections 143, 147, 148, 302, 201 and 507 R/W Sec.149 of IPC .

(2.) The case of the prosecution is that the one INdravva Ashok Kuri has lodged a complaint alleging that deceased Shreeshail is her son. He was working as JCB driver under accused No.1 until four months prior to this complaint. Shreeshail was in love with Sumitra Basaning Dange of the same village and the complainant's family members had even raised proposal for alliance with her family members but, they turned down the proposal. Even thereafter, Shreeshail and Sumitra were in contact through telephone calls. Upon knowing this her father Basaning Dange warned Shreeshail and threatened with dire consequences. On 10.06.2020 at about 6.30 p.m. Shreeshail left the house on motor cycle bearing No.KA-23/EV-6366 belonging to accused No.1 saying that he is having some work. He did not return even by 9 p.m. On making phone call he told that he was with accused No.1. After sometime when tried to contact Shreeshail, both the phones were switched off. Even the cell phone of accused switched off. On the next day morning at about 7 a.m. they came to know that Shreeshail lying dead on the left side of Mahalingpur Chikodi State Highway near the land of one Lakkappa Wadeyar within the limits of Kankanavadi village, they rushed to the spot and found Shreeshail sustained injuries on his eyebrow, neck etc. It seemed someone have assaulted him with iron rod and after causing his death threw the corpes along with motor cycle so as to make out a case of accidental death. Hence, complainant lodged complaint against nine persons including petitioner No.1. Based on the said complaint above crime came to be registered during the course of investigation, Police arrested the petitioner-accused No.1 on 21.06.2020. The petitioner-accused No.1 approached the Prl. District and Sessions Judge, Belagavi seeking bail and the same came to be rejected. Therefore, petitioner- accused No.1 is before this Court seeking bail.

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