BAVURAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners - accused Nos.2 and 4 under Section 439 of Cr.P.C. seeking bail in Crime No.171/2020 of Murgod Police Station for the offences punishable under Sections 143, 147, 148, 323, 302, 504 and 506 read with Section 149 of Indian Penal Code.

(2.) The case of the prosecution is that Smt. Shridevi w/o Kareppa Pujer has filed the complaint and in the said complaint she has stated that she is resident of Benakatti village. On 30.07.2020, the Murgod police called her to the Police Station. It is alleged that on 28.02.2020, the complainant has reported that during 10.00 p.m. on 26.02.2020 to 06.00 a.m. on 27.02.2020 her husband Kareppa Dundappa Pujer, aged 40 years, was found lying in the gutter in front of the hosue of one Dundappa Gulappa Pujer. Kareppa was admitted at Belagavi District Hospital but he expired on 27.02.2020 at 09.45 p.m. A case was registered by Murgod Police in U.D.No.7/2020 under Section 174 of Cr.P.C. It is further alleged that on 30.07.2020, the Murgod police called the complainant and informed that her husband has died due to injury on the head as per the postmortem report and asked the complainant whether she has any information about the injury. It is further alleged that Smt. Ratnavva, the sister-in-law of the deceased had left the house of her husband and was staying in the house of the complainant. The husband of the complainant used to raise quarrel with Ratnavva/accused No.5 telling her to vacate the house as he wants to stay with his family. For the said reason, accused No.5/Ratnavva and her sister's son-Rudrappa Heggannavar were angry on the husband of the complainant. A relative of Ratnavva, Bevuraj Rudrappa Heggannavar/petitioner No.1 had advised the deceased not to quarrel with Ratnavva as she has left her husband. It is further alleged that on 26.02.2020, the Kareppa told complainant that he is going to Benakatti fair, at that time the complainant was in Muanvalli. It is further alleged that the deceased Kareppa went to Benakatti and started shouting in front of the house of Ratnavva and abused her in filthy language and at that time, accused No.5-Ratnavva, accused No.1/Rudrappa, Bavuraj/accused No.2 and his sister's son Guruputra Shivappa Kyamannavar/accused No.4 and one Anand Sakri/accused No.3 advised Kareppa that there is a fair in the village and this is not the right time to raise quarrel and asked him to go to his house. Kareppa left that place and again returned at 11.00 p.m. and started abusing Ratnavva/accused No.5. At that time, accused Nos.1 to 5 gathered and started abusing Kareppa stating that he will not understand even if he is advised and that he is ruining their reputation in the village during the time of fair and therefore they will not leave him and so saying, they held the neck of Kareppa and pulled him and Rudrappa/accused No.1 held neck of Kareppa forcefully and pushed him in gutter and dashed his head to the edge of the gutter. Accused No.1 assaulted Kareppa with hands and legs and thereby caused serious injuries and told everyone that if anybody informed the family of Kareppa about the said incident even they will suffer like Kareppa. Because of the threat given by accused No1, no one informed about the incident to the complainant. Rudrappa/accused No.1 and Bavuraj/accused No.2 informed undle of the complainant Devendra about the said incident and told him that the matter should be finished here and elders can resolve the matter as they have committed a mistake and gave him life threat stating that if he told about this incident to anyone, he will be finished. Because of the threat given, he did not inform the complainant. Uncle of the complainant Devendra has told about the said incident. The complainant is residing in Benakatti and when she enquired in the village, she came to know that the accused persons have committed the murder of her husband Kareppa. The said complaint came to be registered in Murgod Police Station in Crime No.171/2020. The petitioners came to be arrested on 31.07.2020. They filed bail application and the same came to be rejected by the learned I Additional District and Sessions Judge, Belagavi, in Crl.Misc.No.1205/2018.

(3.) The petitioners earlier had filed the petition seeking bail in Criminal Petition No.101076/2020 and same came to be rejected on the ground that investigation is still in progress and the role of the petitioners and other accused is yet to be ascertained by the Investigating Officer. Thereafter, after filing the charge sheet the petitioners have filed bail application in Crl.Misc.No.1861/2020 and same came to be rejected by an order dated 23.12.2020 passed by X Additional District and Sessions Judge, Belagavi. Therefore, the petitioners are before this Court seeking bail.