RANGAPPA @ RANGASWAMI Vs. STATE

JUDGEMENT

(1.) This petition is filed by the accused No.1 under Section 439 of Cr.P.C., seeking bail in Crime No.149/2020 of Mundaragi Police Station, registered for the offences punishable under Sections 302, 201 of Indian Penal Code, on the file of Principal District and Sessions Judge, Gadag, in S.C.No.20/2021.

(2.) The case of the prosecution is that, one Devakka W/o. Fakirappa Talwar, filed a complaint before the Mundaragi Police Station on 13.11.2020, stating that her husband deceased Fakkirappa was working as security guard in Gangapur Sugar Factory. On 12.11.2020, her husband as usual went to the duty to the night shift. On the next day, when she was in her house she received a message that her husband was killed by an unknown person. She went to the spot and found that her husband was killed by stone slab on his face. On the basis of same, she filed the complaint before the Mundaragi Police Station. A case came to be registered for the offence punishable under Sections 302 and 201 of IPC.

(3.) During the course of investigation, the police found that the petitioner/accused and the deceased Fakkirappa were friends and are distant relatives. The deceased was working as a Security Guard in Gangapur Sugar Factory. The accused used to visit the deceased in the said factory and the deceased used to visit the house of the accused and sometimes, even in the absence of the accused. During such visits, the wife of the accused and the deceased had become very close. About a month before the date of incident, the wife of the petitioner and the deceased were caught red-handed by the petitioner when they were together. At that time, the wife of the accused pleaded to forgive them and the accused had expressed that, he would see that how the accused would be alive. It is his further case of the prosecution that, as usual the accused visited the deceased in the Sugar Factory on 12.11.2020 at 11.00 a.m. At that time, the accused learnt that, the deceased was going for night shift on account of one Rangappa Yallappa Balannavar, another Security Guard taking leave. He also learnt that, CCTV cameras that were installed in the premises where the deceased was doing security duties in the bio compost yard of the sugar factory were not working for past two days, due to failure of fuse. Thereafter, on the same day, the accused visited the said factory in the night at 8.30 p.m., but the deceased was not found and he came to know that the deceased had gone out and would be returning. Therefore, the accused waited for the deceased to return by hiding himself. The deceased returned at about 9.30 p.m. and thereafter the deceased had dinner with another security guard by name Holeleppa Yellappa Balannavar and both of them went to sleep in their respective barracks. In the morning on 13.11.2020 at about 6.00 a.m., when C.W.9 Srinivas went to wakeup the deceased to his barrack, he was found murdered with a stone slab thrown on his face. The Mundaragi police have filed charge-sheet against the petitioner and a case came to be registered in S.C.No.20/2021. The petitioner was arrested on 27.11.2020 and the petitioner filed bail application in S.C.No.20/2021 and the same came to be rejected by the learned Principal District and Sessions Judge, Gadag, by order dated 07.08.2021. Therefore, the petitioner is before this Court, seeking bail.