NANDAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioner/accused No.1 under Sec. 439 of Cr.P.C., for granting bail in Crime No.105/2020 registered by Abbinahole Police for the offence punishable under Sec. 302 read with Sec. 34 of IPC.

(2.) The case of the prosecution is that on the complaint of one Lalitha, wife of the deceased - Srinivas filed before the police on 27/7/2020 alleging that the accused No.2 - Gundappa is her brother-in-law and the younger brother of the deceased were having land adjacent to each other. There was a dispute in respect of way to the land. That on 27/7/2020, when her husband came to the land at about 11.00 a.m., accused No.2 came near the land, at that time, her husband questioned him why he drove his tractor on the land as it has spoiled the cultivation, at the time, accused No.2 picked up quarrel with the deceased and this petitioner being the son of accused No.2 came by holding club and assaulted on the head of the deceased. Due to which, he sustained injuries and he was taken to the hospital, where he was declared dead. The police arrested the accused on 28/7/2020 and he is in judicial custody. He has approached the Sessions Court for grant of bail, which came to be rejected. Hence, he is before this Court.

(3.) Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case. Even otherwise, accused No.2 has been granted bail. The charge sheet is filed. Accused No.3 is already deleted by the police from the charge sheet. The evidence of the complainant does not attract Sec. 302 of IPC and it may attract Sec. 304 Part (II) of IPC, which is not punishable with death or imprisonment for life. The presence of this petitioner may not be required for further investigation except for trial. Hence, prayed for allowing the bail petition.