SHRIMANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.84/2021 of Raibag Police Station, registered for the offences punishable under Sections 143, 147, 148, 302 r/w 149 of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

(2.) It is the case of the prosecution that the deceased by name Purandar was familiar to one Maruti Halingali and his family members, including his daughter Veena, who are residents of same village and he used to assist them by attending some of their work. The daughter of said Maruti Halingali by name Veena is married of to accused No.1 by name Vasant Babu Holkar. On 25.04.2021 a seminude photo of deceased is said to have been sent to the WhatsApp of Veena, the wife of accused No.1. The accused No.1 having come to know it called the deceased to Raibag on 26.04.2021 at about 5 p.m. The deceased informed his brother i.e. complainant that in respect of uploading a photo in a group the accused No.1 Vasant has questioned as to why he has uploaded such photo and when he intended to reply to it the accused No.1 called him to come to house of this petitioner in Raibag. Therefore, he solicited the company of complainant to Raibag to the house of this petitioner. This petitioner is cousin of accused No.1. On 27.04.20221 at about 9 a.m. the deceased, the complainant and the said Maruti Halingali left to the house of this petitioner at Raibag in the Tavera Jeep of said Maruti Halingali and reached the house of petitioner at 9.30 a.m. The jeep was driven by the deceased. When in the house of petitioner they asked what is the issue, then the petitioner is said to have told that he has some inquiry with the deceased with regard to uploading a photo and asked them to go out and stroll somewhere for some time. The petitioner himself arranged for the driver to the Tavera jeep by name Chidhanand / accused No.3, who took them in the Tavera vehicle near the old Police Station building. They were waiting there. At about 10.30 a.m. the first informant by walk came to the house of this petitioner and did not notice anybody. He returned to the place near old Police Station. By 2.00 p.m. he obtained the mobile phone number of this petitioner from aforesaid Maruti Halingali and made a call to the petitioner. The petitioner having received it and ascertaining the identity of complainant asking him to wait for 10 minutes disconnected the call. By 2.30 p.m. petitioner called back the first informant asking them to come to his house. When the complainant expressed that either of them do not know driving the petitioner again arranged accused No.3 as the driver, who picked complainant and another person Shivanand Kalliguddi, who had joined complainant in the mean time, from the place near the old Police Station and drove them to the house of petitioner. Then the accused No.1, this petitioner and three other accused informing that the deceased has swooned and fallen informed to take him to hospital. By stating so the body of deceased was placed inside the said Tavera jeep. Again the accused No.3 Chidanand on pretext of taking of deceased to hospital drove the jeep for some distance and thereafter left the jeep at the canal bridge and returned. With the assistance of passersby the complainant managed to shift the deceased to hospital, where the doctor declared him as brought dead. The complainant had noticed multiple injuries over the body of the deceased and to the head. The petitioner has named in the FIR as accused No.2, apprehending the arrest, petitioner has filed Crl. Misc. No.5286/2021 seeking anticipatory bail and the same came to be rejected by VII Addl. District and Sessions Judge, Belagavi, sitting at Chikodi by order dated 04.06.2021. Therefore, the petitioner is before this Court seeking anticipatory bail.

(3.) Heard the learned counsel appearing for the petitioner/accused No.2 and the learned High Court Government Pleader for the respondent-State.