BASAVARAJ @ BASAVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by petitioner/accused No.1 under Section 439 of Cr.P.C., to enlarge him on bail in Crime No.70/2019 of Anugondanahalli Police Station for the offences punishable under Sections 302 and 201 read with Section 34 of IPC.

(2.) I have heard Sri. Kumara K.G., learned counsel for Sri. Nataraj D., learned counsel for petitioner/accused No.1 virtually and the learned HCGP Sri. Mahesh Shetty for the respondent - State.

(3.) The deceased was running autorickshaw bearing Reg.No.KA-03-AF-6229. On 26.07.2019 at about 4.00 p.m., deceased went with autorickshaw on duty and he did not return even during night hours. At about 8.30 p.m., complainant received a call from the mobile phone of her husband stating that he would return to the house but actually he did not return. When she tried to contact him, the mobile phone of her husband was switched off and on 28.07.2019 at about 1.30 p.m., the mother-in-law went to the police station and filed a missing complaint. It is the case of the prosecution that two weeks prior to the incident, petitioner/accused No.1 was making galata near Eshwara temple and at that time, the husband of the complainant - deceased had abused him and threatened him and he has also assaulted petitioner/accused No.1, in that light, he was nurturing animosity against the deceased. Subsequently the fact disclosed that petitioner/accused No.1 because of earlier animosity, he saw the deceased - Chandrappa parking the autorickshaw near Sy.No.75/2 and was consuming the alcohol. Petitioner/accused No.1 went and told that he can also take alcohol and took him on his Deo two wheeler bearing Reg.No.KA-53-HP-5865 and they went near the house of accused No.2 and took some amount and thereafter, accused Nos.1, 2 and the deceased went to the Arrack shop and purchased two beer bottles and in the shop at CW.6, they have also purchased some snacks, cigarette packs and glass and thereafter, accused Nos.1, 2 and the deceased went on the said motor cycle near Sy.No.118/9 in eucalyptus grove there they consumed alcohol and thereafter, assaulted the deceased with eucalyptus stick on the head of the deceased and thereafter, with an intention to dispose of the body along with accused No.2 put into the gunny bags which were purchased from the shop of CW.3 and thrown near the Pinakini river.