KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 439 Cr.P.C. seeking regular bail in Crime No. 15/2021 of Kaginelli Police Station registered for the offences punishable under Sections 143, 147, 148, 504 and 302 r/w Section 149 of IPC.

(2.) The factual matrix leading to the case are that, on 04.03.2021, the deceased was grazing his sheep in the land of Parameshappa Kachavi bearing Sy.No. 44/2C of Siddapur Village. At that time, two sheep went to the land of the present petitioner and were grazing, in the evening at 5.00 p.m. The present petitioner noticed the same and he along with accused No. 2 came there and abused the deceased in filthy language asserting that he encashing the situation and getting unlawful gain by grazing sheep in the land of others. Thereafter, accused Nos. 1 and 2 assaulted the deceased indiscriminately by hands and also kicked him with legs. The deceased fell on the ground and the present petitioner picked up an iron rod and assaulted on the head of the deceased. It is also alleged that, accused Nos. 3 to 6 also came there and abused the deceased in filthy language and abated accused No. 1. At that time, eye-witnesses came there and pacified the dispute. Thereafter, the complainant got information and when he rushed to the spot, his father was lying on the ground and on enquiry from the eye-witness Fakirappa, he got the information regarding the incident. The eye-witnesses have assured that they would settle the dispute by compromising the matter. Therefore, the complainant took his father to the home. While taking rest in the home, his father developed complications and as such, he was shifted to the hospital. But the present petitioner and other accused did not bother to approach the complainant to ascertain the status of the injured. Hence, on 07.03.2021, the complainant lodged the complaint. While undergoing treatment his father succumbed on 16.03.2021 because of the injuries. As such, the Investigating Officer has also incorporated the offence under Section 302 of IPC. The present petitioner was apprehended on 09.03.2021 and was produced before the Magistrate. The learned Magistrate remanded him to the judicial custody. In the meanwhile, Investigating Officer recorded the statement of the witnesses and completed the investigation and submitted charge sheet against the accused for the offences punishable under Sections 143, 147, 148, 504 and 302 r/w Section 149 of IPC. The present petitioner has filed bail petition before the II Additional District and Sessions Judge, Haveri sitting at Ranebennur and his bail petition came to be rejected by order dated 03.07.2021. Hence, the petitioner claimed to have approached this court seeking regular bail.

(3.) Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent- State. Perused the records.