SHRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 439 Cr.P.C. seeking regular bail in Crime No.77/2021 of Keshwapur Police Station, Hubballi registered for the offences punishable under Sections 109, 326, 307 and 302 R/W Section 34 of IPC.

(2.) The factual matrix leading to the case are that, mother of the deceased Veeresh was the owner of the land measuring 1 acre 16 guntas of Tarlagatta village in Kundagol Taluk. That accused No.4-Javeed is the friend of the deceased and indebted to accused No.2-Munna Bepari. As accused No.2 all along demanding accused No.4 for repayment of amount, accused No.4 requested the deceased to help him financially. Then the deceased by mortgaging his mother's land financially assisted accused No.4. Later on, the deceased and his mother got information that one Arun Miskin has purchased the said land through the mediation of the present petitioner accused No.3. On enquiry by the deceased, the petitioner disclosed that Rs.5,30,000/- was paid to accused No.2 at the time of purchase and if the said amount is returned, the land would be re-conveyed. When the deceased has enquired with accused No.2, he has demanded Rs.5,00,000/- with interest from 2015 and in this regard, regularly dispute was going on. As such, enmity was developed and the deceased was threatened by the accused in this regard. It is alleged that on 08.07.2021 at 7.30 p.m., the deceased went out of the house reporting that accused Nos.1 and 2 are calling him to discuss about the land issue. When his wife called him at 8.30 p.m., he did not receive the phone call and later, it is revealed that deceased was badly assaulted and admitted in the hospital. In this regard, she lodged the complaint for the offence punishable under Section 307 of IPC and FIR came to be issued. During the course of treatment, the deceased died and as such, the offence under Section 302 of IPC is incorporated.

(3.) According to the prosecution, the petitioner along with accused Nos.4 and 5 abated accused Nos.1 and 2 in committing the murder of the deceased. Hence, the petitioner was arrested and he was produced before the Magistrate and he was remanded to judicial custody. The petitioner moved bail petition before the I Additional District and Sessions Judge, Dharwad sitting at Hubballi and the learned Sessions Judge by order dated 07.08.2021 rejected the bail petition. Hence, the petitioner has approached this court.