MAHANTESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by accused Nos.1 to 5 under Section 439 of Cr.P.C. seeking bail in Crime No.165/2019 of Katkol Police Station registered for the offences punishable under Sections 143 , 147 , 148 , 302 and 149 of IPC.

(2.) It is the case of the prosecution that, one Basappa Bharamappa Gudennavar has filed complaint on 31.12.2019 stating that, he has 03 brothers and one sister and deceased Irappa Bharamappa Gudennnavar is his brother and was staying with his sister Susalavva who is settled in Godachi with her family since last 20-25 years and he is shepherd by occupation. It is further alleged that, one month prior to date of complaint, the deceased visited the liquor shop which belongs to accused No.1 situated in Ganeshnagar, Godachi and he allegedly slept in front of the liquor shop intoxicated and at that time accused No.1 owner of the liquor shop had thieved pocket cash amounting to Rs.35,000/-, A.T.M. Card, PAN Card and voter ID belonging to the deceased. The deceased who was under the influence of alcohol used to scold the accused No.1 for taking his belongings from his pocket when he was sleeping using foul language and accused No.1 was angry with the same. It is further alleged about 15 days earlier to the alleged incident, one Shri. Irappa Yallappa Makali found the A.T.M. Card, PAN card and voter ID that belonged to the deceased near Kannada School in Godachi and handed over them to Suresh who in turn handed over them to the complainant. It is further alleged that on 31.12.2019 at about 16.30 hours when the complainant was in Gokak, the complainant got a phone call from his sister's daughter Smt. Siddavva Ravi Gudennavar stating that, one Suvarna, another daughter of the complainant's sister, while returning after giving lunch to the deceased at 13.00 hours, when she was near the liquor shop of the petitioner No.01, heard the petitioner No.1 and his relatives talking and discussing about " teaching a lesson" to the deceased. Then, one of the daughters of the complainant's sister, Suvarna informed about his alleged discussion to Susalavva (sister of complainant and also the deceased ) and Siddavva ( one of the daughters of the complainant's sister). Immediately after getting this information from Suvarna, Susalavva left to check on the deceased. After some time, Siddavva called her mother Susalavva and mother of Siddavva who informed her daughter Siddavva " They have beaten" the deceased and the deceased was being taken to the Ramdurga Government Hospital in 108 ambulance. Subsequently deceased died in the ambulance before reaching the hospital. It is further alleged that, complainant came from Gokak to Godachi after inquiry he allegedly learned that, the deceased Irappa Guddennavar went to the liquor shop of the petitioner No.01, and allegedly fought with the petitioner No.1 drunk and when he was out gazing his sheep, the petitioner No.1 along with all the accused at 12.30 in the noon , with an intention to kill the deceased, assaulted the deceased with hands, stones and sticks and deceased was abandoned at the spot. The complainant further alleged that, one Saraswati Mudakappa Talawar who is one of the accused in the present case and filed a complaint before the Katkol Police station alleging that the deceased tried to outrage her modesty. It is further alleged that, the complainant along with his brother Suresh Guddenavar and the complainant's son Sivanand Basappa Guddenavar went to Ramdurg Government Hospital and saw the dead body of the deceased and deceased had injuries on the shoulder, biceps and on the back of the palm of the right hand and body had scratches on the ankles of the right leg. The said complaint has been registered in Katkol P.S.Crime No.165/2019 for offences punishable U/s 143, 147, 148,302 and 149 of I.P.C . against 10 persons. The charge-sheet has been filed against petitioner/accused No.1 to 5 and another accused No.6 Laxmavva @ Laxmibai Maruti Talawar. In the charge-sheet it is the accusation that, the deceased tried to outrage the modesty of accused No.5 Saraswati by pressing her chest and she escapes and intimated the same to her husband accused No.2 Mudakappa Shetteppa Talawar and he in turn along with accused No.1, 3, 4 and accused No.6 went to the place of spot situated in Forest Area and assaulted the deceased with stones, club, handle of axe and caused sever injuries and he died on the way to hospital. The petitioners have filed application seeking bail in crime No.215/2020 and the same came to be rejected by the III Addl. District and Sessions Judge., Belagavi dated: 06.06.2020. Therefore, the petitioners are before this court seeking bail.

(3.) Heard the arguments of learned counsel for the petitioners and learned HCGP for respondent-State. Perused the records.