DEVINDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Vishwajith Shetty Heard the learned counsel for the petitioner, the learned High Court Government Pleader for respondent/State and also perused the materials available on record.

(2.) Petitioner is accused No.3 in Crime No.161/2020 registered by the Shorapur Police, Yadgiri District for the offences punishable under Sections 302, 109 and Section 34 of IPC. Police have completed the investigation and have filed the charge sheet against three persons for the alleged offences. The house of the deceased Yenkappa is situated near the house of accused Nos.1 and 2. On the allegation that whenever Yenkappa went out from his house he was staring at the wife of the accused No.1-Shivappa, the accused No.1 had threatened Yenkappa with dire consequence to his life. On 26.06.2020 at about 7.30 pm accused No.1 - Shivappa allegedly abused the deceased Yenkappa on the ground that Yenkappa had an eye on his wife. On 30.06.2020 at about 9.30 pm when the family of the deceased Yenkappa, were all asleep at about 11.30 pm, Yenkappa's wife heard her husband scream and immediately she put on the light and saw that accused No.1 was assaulting her husband Yenkappa with an axe, when the complainant-Gowramma, wife of Yenkappa raised a cry, accused No.1 - Shivappa ran away from the spot along with the axe. In the complaint, it is alleged that accused No.2 and the accused No.3 have abetted the crime by supporting the first accused. Petitioner's bail application under Section 439 of Cr.P.C before the court of the Sessions Judge, Yadgiri in Crl.Misc.No.544/2020 was dismissed on 07.01.2021.

(3.) Learned counsel for the petitioner submits that the allegation against the petitioner is only of instigation. He is aged about 85 years. Accused No.2 as against whom the allegation is identical has been already granted anticipatory bail by this Court in Criminal Petition No.201260/2020 vide order dated 13.01.2021 and therefore, he prays to enlarge the petitioner on regular bail.