H.BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.4 under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for short) seeking bail in Crime No.68/2020 of Hosahalli Police Station, for the offences punishable under Sections 302, 201, 120B, 34 of the Indian Penal Code (hereinafter referred to as the 'IPC', for short).

(2.) The case of the prosecution is that one Durgappa-brother of the deceased has filed the complaint against the petitioner stating that on 17.04.2020 at about 9.00 am deceased left the house stating that he had work with petitioner No.1 and he did not return. On 18.04.2020 at 7.00 pm, sister-in-law of the complainant i.e., the wife of the deceased namely Thippamma lodged a missing complaint with regard to her husband Shivanna/deceased in Kudligi Police Station which is registered in Crime No.88/2020. On 19.04.2020 at 8.00 pm when the complainant was in Kudligi, the Police requested him to come near Basavanna Temple, in the foreset area, in Kadakola village and the complainant and others went there and they saw the dead body and on seeing the shirt on the dead body, they identified the dead body as that of Shivanna. Since Shivanna had sold his property for Rs.22,00,000/-, petitioner No.1 again and again used to call Shivanna over telephone to his native and therefore suspecting involvement of the petitioner, the complainant lodged the complaint on 19.4.2020 and the said complaint came to be registered in Crime No.68/2020 for the offences punishable under Sections 302, 201, 120B and 34 of IPC. The police after investigation filed charge sheet against petitioner and other accused.

(3.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State.