KANNAPPA YALLAPPA NAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking to grant regular bail and to enlarge on bail of their arrest in Kakati P.S. Crime No.134/2019 (SC No.387/2019) pending on the file of XI Additional District and Sessions Judge, Belgaum registered for the offence under Sections 302, 323, 504, 506 r/w Section 34 of IPC.

(2.) The case of the prosecution is that one Sri.Parashuram Kannappa Nayak R/o Mutyanatti village, Taluk and district Belagavi filed a complaint with Kakati Police Station alleging that on 27.06.2019 himself and his younger brother deceased Sidrai were returning from their field. It is further stated that himself and one Halappa stopped for urination and at that time his younger brother Sidrai was going to his house and at that time accused No.1-Kannappa Yallappa Nayak who is petitioner No.1 herein and accused No.2 Yallappa Yallappa Naik who his petitioner No.2 herein and accused Nos.3 and 4 came there with sickle and caught hold of Sidrai abused him in filthy language and said "What will happen if cattle graze in mango plantation ". Accused No.1 assaulted with the sickle on Sidrai 's neck and he fell down in drainage, then accused No.2 also assaulted with sickle on his back and hand. Accused No.3 and 4 also assaulted Sidrai. After hearing the sound, other people came and pacified them and all the accused threatened them. At that time it was 10 'O ' clock in the night. Sidrai died on the spot. Accused No.3 used to take her cattle for grazing in the mango garden belonging to them and Sidrai was upset with this and had quarreled in this regard. Due to this reason they all assaulted and murdered him. On the complaint, case has been registered in Kakati Police Station in Crime No.134/2019. Petitioners were arrested on 01.07.2019. The Police after completing the investigation have filed charge sheet for the offence punishable under Sections 302, 323, 504, 506 R/W Section 34 of IPC. The case is now pending for trial in SC.No.387/2019 on the file of XI Addl. District and Sessions Judge, Belagavi. The petitioners had earlier approached this court in Crl.P.No.101001/2020 seeking bail and the same came to be rejected by order dated 08.09.2020. Thereafter, the petitioners filed Crl.Misc.No.579/2021 seeking bail and the same came to be rejected by XI Additional Sessions Judge, Belagavi by order dated 14.06.2021. Therefore, the petitioners/accused Nos.1 and 2 are before this court seeking bail.

(3.) Heard the learned counsel for the petitioners/accused Nos.1 and 2 and learned HCGP for respondent/State.