SRI. SHEKHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused-petitioner has been charge sheeted for the offence punishable under Section 302 of IPC in Cr.No.2/2020 of Kolhar Police Station of Basavana Bagewadi circle. He has filed this petition seeking bail.

(2.) The allegation against the accused-petitioner is that himself and the deceased were friends and on 16.01.2020 at 1.30 p.m. in the new Bus Shelter by the side of Kolhar to Basavana Bagewadi road, in drunken condition a quarrel had taken place between them and he had assaulted the deceased and hit his head with a stone on account of which deceased had died.

(3.) There are no eyewitnesses to the incident and the prosecution rests its case entirely on circumstantial evidence. Learned HCGP submitted that CW.16 Renuka had spoken about the accused- petitioner and the deceased coming to her shop and purchasing arrack and further CW.17 owner of the Dhaba had seen the accused-petitioner and the deceased quarrelling with each other. It is borne out from the records that accused-petitioner is in judicial custody since 23.01.2020. Taking into consideration the fact that there are no eyewitnesses to the incident and accused-petitioner is in judicial custody since about six months, I am of the view that petitioner can be granted bail subject to conditions. Hence, the following: