MUTTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners arrayed as accused Nos.7 and 8 in Crime No.118/2020 of Dharwad Rural Police Station, registered for the offences punishable under Sections 143 , 147 , 148 , 324 , 326 , 307 , 354 , 302 , 109 , 506 read with Section 149 of IPC, have preferred this petition under Section 438 of Cr.P.C. seeking anticipatory bail.

(2.) I have heard the learned counsel Sri. B.S. Kukanagoudar, appearing for the petitioners and learned HCGP for the respondent-State.

(3.) Brief facts: It is the case of the prosecution that the deceased namely Shivappa Kodabali was having 17 acres of ancestral property. The accused named in the FIR being the close relatives of the deceased were quarrelling with him regarding partition of the property. Civil cases are pending in respect of the said property. In this background, on 24.7.2020 at about 8.10 p.m., accused Nos.1 to 6 at the instigation of accused Nos.7 and 8, having formed an unlawful assembly armed with bamboo sticks, iron rod, steel kuda, bike chain, bat etc. chased the deceased and assaulted him near his house. They also assaulted and caused injuries to his parents- in-law, brother and others. The deceased escaped from their clutches and ran towards Gooliminchi Tank. The accused chased the deceased. On 25.07.2020 at about 7 a.m., dead body of the deceased was found on the bank of Gooliminchi lake.