DEVADAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos. 1 to 5 under Section 439 of Cr.P.C. seeking bail in Crime No.56/2020 of Khanpur Police Station registered for the offence punishable under Sections 304 , 201 , 202 and Section 3(2)(v) of SC/ST(POA) Act,1989 and Section 25 of Arms Act,1959.

(2.) The case of the prosecution in brief is that complainant Tejaswini Tanaji wife of deceased Tanaji Nayak resident of Amate village has filed complaint stating that on 10.03.2020 at about 4 p.m. her mother-in-law returned home from the agriculture filed and informed that their cattle were gone into the jungle area for grazing, inspite of search the cattle are not traced. So on 11.03.2020 at about 9 a.m. the deceased has gone for searching of escaped cattle in the jungle area and the complainant gone for washing clothes and after returning to home one Dondu Nayak informed that one Bear was attacked on her husband and the said incident was informed by one Devidas Rajaram Gavakar in the village. The complainant came to her house and there are many number of persons gathered in her house and thereafter herself and other village persons were rushed to the spot and noticed that dead body of her husband was lying down below the tree and also noticed that blood was oozing from his right ear, forehead and backside of dead body. The death of her husband was caused by attack of bear or any other wild animal but she suspected about his cause of death and accordingly, she lodged the complaint on 11.03.2020. The Medical officer while conducting the post mortem of the dead body found six bullets in the body and after informing the same to her and she stated that on 11.03.2020 the accused persons and others were taken her husband to the forest area and because of some reasons they have committed the murder by firing on him between 9.00 p.m. to 12.30 midnight and thrown the dead body below the tree and the said complaint was registered on 14.03.2020 in Khanapur Police Station Crime No.56/2020 against the petitioners-accused Nos.1 to 5 for the offence punishable under Sections 302 , 201 of IPC and Section 3(2)(va) of the SC/ST(POA) Act, 1989. Police arrested the petitioners-accused Nos.1 to 5 on 15.03.2020 and recorded the voluntary statement of Petitioners. Petitioner-accused No.1 in his voluntary statement narrated that he know the deceased as they are doing agriculture in the same village and he on 10.03.2020 at evening gone to the house of deceased and asked to go for hunting in the forest areas as they are free on account of Holi festival and accordingly the relatives of deceased Vittal Ganapati Nayak, Rama Ganapati Nayak and Santosh Ganapati Nayaks and also informed to Prashant Sutar of Jamboti village and thereafter accused No.5 brought the gun and kept in the house of accused No.2-Santosh and accordingly on the next day i.e on 11.03.2020 the deceased told to accused No.1 to proceed and the accused No.1 brought the gun of accused No.5 and accused No.2 brought his gun along with 3 bullets and proceeded in his motorcycle bearing KA-22/HE-8153 at about 9 p.m. from Amate village to Gouliwad village and wherein he asked accused Nos.6 to 9 to come with them for hunting and accordingly they proceeded with him. Meanwhile the deceased was brought the gun of one Vasudev Soma Bhat and accused No.3 took the gun of deceased Tanaji and accused No.6 brought the Sickle and the accused No.5 brought 4 bullets and accused No.2 gave 2 bullets to deceased and one bullet to accused No.3. Thereafter all are together proceeded near jungle area within limits of Golyal for hunting of animals. They proceeded about one k.m. from Gavaliwad in the forest area by walk and raised noise for wake up of wild animals at that time deceased saw one Bear and asked others to climb the tree and he fired on the Bear and being enrage by the said Bear they escaped some where and again all the accused together searched the bear by its blood which was drop in the down, when they proceed some distance when they saw the said Bear and the accused No.5 fired one bullet on the bear, then the Bear suddenly attacked on the deceased, then the accused No.1 by taking gun from accused No.3 fired on the said Bear but he did not know that whether the bullet was hit on the Bear or deceased and suddenly the deceased was lie down and the Bear bitten on the face of the deceased, at that time the accused No.1 to save the life of the deceased shot on the Bear by gun and the bear ran away and the gun was broken. They all saw the deceased Tanaji and noticed that he was died on the spot and they brought the deceased towards Gavaliwad Forest area and there to brought him to Amate village near his land and kept below the tree and he washed his blood stained clothes and broken gun and kept in his shed. Thereafter he telephonically informed about incident to the chairman of the village by name Laxman Kasarlekar. The other accused also stated similarly that of accused No.1 in their voluntary statements. Based on the entire investigation and materials and statement of the witnesses the Investigating officer has deleted the offence of Sec.302 of IPC by inserting Section 304 , 201 and 202 of IPC. Investigating Officer submitted the final charge sheet against the petitioners-accused Nos.1 to 5 for the offence punishable under Sections 304 , 201 , 202 and Section

(3.) (2)(v) of SC/ST (POA) Act, 1989 and Section 25 of Indian Arms Act, 1959. The petitioners-accused Nos.1 to 5 have filed bail application under Section 439 of Cr.P.C. in Crl.Misc.No.830/2020 before III Addl. Sessions Judge, Belagavi and the same is dismissed by order dated 07.07.2020. Therefore, the petitioners are before this Court seeking bail. 3. Heard the learned counsel for the petitioners- accused Nos.1 to 5 and learned HCGP for respondent- State.