FAKKIRAPPA @ PRAHALAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.3 to 6 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.112/2019 of Kalaghatagi Police Station for the offences punishable under Sections 143 , 147 , 148 , 448 , 504 , 506 , 341 , 307 , 302 , 324 , 326 , 120B , 201 read with 149 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and under Section 27 of The Arms Act, 1959.

(2.) The case of the prosecution is that the complainant is the brother of deceased Veerabhadrappa Basavanneppa Sattur. The said Veerabhadrappa was a member of Gram Panchayat for last 15 years and President of PLD Bank, Dhummawada Society. It is alleged that during the Gram Panchayat election, because of political rivalry, petitioner Nos.1 to 3 had grouse against Veerabhadrappa and that cases were filed against each other in the police station. The family of Pujar also had differences with his brother Veerabhadrappa in respect of performing pooja in Basavanna temple. On 09.09.2019, at about 7.00 pm, the complainant was proceeding towards his house along with the cattle and when he passed on the road near the house of accused No.1-Basavaraj Shivappa Akki, accused No.2-Basavaraj Sangappa Akki, they took objection for using the pathway and picked up a quarrel and the complainant went to his house saying that he would not use the pathway henceforth. It is further alleged that accused Nos.1 and 2 came to his house along with others, gained entry into the house and pulled him out of the house. The accused persons who were holding weapons in their hands started assaulting the complainant and dragged him to the land belonging to accused No.1-Basavaraj Shivappa Akki. Accused No.1 with talwar (chopper) assaulted on the right hand, accused No.13-Irayya Basaiah Pujar with iron rod assaulted on the person of the complainant. The wife of the complainant telephonically informed Veerabhadrappa-deceasead and Nagappa and both of them came to the spot along with their children Ravikumar, Basavaraj and Eranna. The accused abused them. Accused No.3-Fakkirapa Prahald Chulaki and accused No.4-Krishna Chulaki with a talwar assaulted on the head of Veerabhadrappa and he fell down and at that time accused No.5-Mallappa Chulaki and accused No.6-Channiah Pujar threw stones on the head of Veerabhadrappa and he died on the spot. It is further alleged that accused No.2-Basavaraj Sangappa Akki and accused No.9-Sangappa Basappa Yemmetti caught hold of Ravikumar-deceased, accused No.7- Praveen Kallappa Karadi with talawar assaulted on his head and accused No.8-Siddaram Halappa Akki with iron rod assaulted on the head and caused injuries. It is further alleged that accused No.12-Maruthi Halappa Akki caught hold of Nagappa and accused No.10- Kallappa Basappa Karadi with talwar assaulted on the hand and that his fingers were cut off. Accused No.11- Mahesh Fakkirappa Karadi assaulted with club on his person. It is further alleged that accused No.14-Basiah Fakkiruiah Pujar with club and accused No.15-Yallappa Basappa Yemmetti with iron pipe assaulted on the head and other parts of body of Basavaraj Nagappa Sattur. It is further alleged that accused No.16-Shekappa Hanamanthappa Jodalli with club, accused No.17- Shankriah Malliah Yadawad with a chopper assaulted on the left shoulder and other parts of the body of Iranna Kallappa Sattur and caused injuries. One Kasturi, Smt. Sarjavva Davalsab, Hussainsab, Fakkirappa, Basalingappa and others on coming to know of the incident, came there and pacified the quarrel. The incident is said to have taken place on 09.09.2019 at 8.00 pm and the injured were removed to the hospital for treatment. The said injured Ravikumar died during treatment on 10.09.2019. The respondent- police, after completion of the investigation, have submitted charge sheet. The petitioners/accused Nos.3 to 6 have filed bail application in Crl.Misc.No.62/2020 and the same came to be rejected by the learned Sessions Judge, Dharwad. Therefore, the petitioners/accused Nos.3 to 6 are before this Court seeking bail.

(3.) Heard the arguments of Sri. Ravi B. Naik, Senior Counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.