SURAJ SHIVAJI SINDHE 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.156/2018 of Belagavi APMC Police Station (SC No.306/2018) registered for the offence punishable under Sections 341 , 323 , 504 , 506 , 302 r/w Section 34 of IPC and Section 3(2)(v) of SC/ST(POA) Act.

(2.) It is the case of the prosecution that one Ravindra Basavant Naik, resident of Neharu Nagar, Belagavi has given complaint on 02.06.2018 alleging that he along with his other family members are residing at the above said place and one Basavaraj, the cousin brother of complainant is also residing with him since from his childhood and he is supplying soap and food items and he having friendship with petitioner- Suraj, Ashok and Sunil. It is further alleged in the complaint that about three months prior to this alleged incident the said Basavaraj purchased a camera from petitioner. It is further alleged that on 01.06.2018 at about 6.30 p.m. the petitioner and one Manoj Nesarkar came to the complainant's house and they were asking for balance amount that he has to pay to the petitioner at that time Basavaraj told that he will return it within a week and there was some verbal quarrel taken place. So seeing the same the complainant and his family members intervened and pacified the quarrel but the petitioner and his friend left the place giving life threat to Basavaraj. On the same night at 11 p.m. midnight the said Basavaraj after taking his dinner told that he is going to walk, at that time complainant told him not to go since there was galata taken place, but the said Basavaraj left the place saying that he want to walk for some time and so saying left the house. At mid night 00.30 hrs the complainant heard some sound from outside the house near Burud colony, immediately, the complainant and others left the house with their torch, since there was no current and saw there that the accused No.1 and another by name Manoj-accused No.2 assaulting the Basavaraj and Basavaraj tried to escape from their clutches, but they chased and caught hold Basavaraj and assaulted him and the complainant tired to save Basavaraj but all went in vain. Accused No.2-Manjoj caught hold the deceased and accused No.1 assaulted the Basavaraj with knife and the said incident was witnessed by another two more persons. The complainant tired to shift the injured to hospital, but in the mean while Basavaraj died. So the complainant and others remain there in the spot and on the next day they went to the Police Station and lodged complaint. Based on the complaint, a case came to be registered by the Belagavi APMC Police and during the course of investigation, the petitioner was arrested on 02.06.2018. After investigation, Investigating Officer filed the charge sheet. The case has been registered as SC No.306/2018 and now pending before the III Addl. District and Sessions Judge, Belagavi. The petitioner filed bail application before III Addl. District and Sessions Judge, Belagavi and the same came to be rejected by order dated 31.03.2020. Therefore, the 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.