PRAVEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner/accused No. 3 is before this Court seeking grant of regular bail under Section 439 of Cr.P.C., in Crime No. 142/2015 of Vidyagiri Police Station, Dharwad, registered for the offences punishable under Sections 120-B, 109, 449, 302, 201 and 35 of the Indian Penal Code (hereinafter referred to as 'the IPC' for the sake of brevity) read with Sections 25(1)(a), 25(1)(b), 27(1) of the Indian Arms Act, 1959 (hereinafter referred to as 'the Arms Act' for the sake of brevity), against unknown persons on the basis of first information lodged by the first informant-Mrs. Rupadarshini Kinagi.

(2.) The brief facts of the case are that, the informant-Mrs. Rupadarshini Kinagi lodged the first information with Vidyagiri Police, Dharwad, against two unknown persons stating that the deceased-Mallinath Kalburgi is her father. On 30.08.2015, at about 8.45-9.00 a.m., while she was in the house, she heard knocking of the main door. Her father-Mallinath Kalburgi went and opened the door. Her mother had also followed him and went near the door. A person in black pant and black shirt, aged between 25-30 years, looking like a student, was standing at the door and was uttering 'Sir, Sir'. In the meantime, the mother of the informant went inside the house. Suddenly firing sound was heard by all the inmates. The informant and her mother ran towards the main door and found Mallinath Kalburgi fallen in pool of blood and the person who was in the door step was running away with a pistol in his hand. They also noticed another person near the gate on the motorcycle. The person who ran away from the house of informant with pistol went and sat on pillion and the rider of the motorcycle sped away. Immediately, the injured was shifted to the hospital with the help of neighbors but he was dead. There were bullet cartridges and blood stains in the house.

(3.) The informant stated that her father-deceased Kalburgi is a well known writer, having very good name. He was straight forward in his talks and writings. Earlier, there was some controversy about one of his writings. Therefore, it is suspected that the unknown miscreants having some ill-will against the deceased, shot bullet from the pistol, causing his death. Therefore, she requested the police to register the case and to initiate legal action and stated that herself and her mother have seen the culprits and they can identify them. The information was registered in Crime No. 142/2015 for the above said offences and the investigation was undertaken.