NARASIMHA MURTHY Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner u/S.401 r/w S.439, Cr. P.C. praying to grant him bail in Crime No. 135/ 1990 of Gowribidanur Police Station in Kolar District. The petitioner had filed a similar petition in the Court of Sessions Judge, Kolar, and the learned Sessions Judge after hearing both sides dismissed that petition. Thereafter this petition is filed by the petitioner. I have heard the learned counsel for the petitioner, and the learned Government Pleader fully and perused the records of the case.

(2.) One Hanumantharayappa gave a complaint to the police and on the basis of that complaint the police registered a case in Crime No. 135/1990 for the offence punishable u/S. 302 r/w S. 34, IPC.

(3.) The facts of the prosecution case are as follows: The petitioner is the son of accused No. 2 Narasimhappa and accused No. 3 Lakshmidevamma is the wife of the petitioner. They are all agriculturists. 3-1. On 27-6-1990 at about 9-30 a.m., one Ramanjanappa was found cutting Eastern bund on the side of the land of the 1st accused/petitioner which was put to a water canal in between the land of the petitioner and one Gangappa. On seeing this the petitioner, 2nd accused Narasimhappa and the 3rd accused, Lakshmidevamma came and objected for the cutting of the said bund. At that time one Hanumanarayappa son of Avalappa, an adjoining land owner, came there and asked them as to why they are quarrelling, then accused No. 3 Lakshmidevamma threw chilly powder into the eyes of the said Hanumantharayappa and then 2nd accused took out button knife and stabbed Hanumantharayappa on the lelt side of his chest and Hanumantharappa fell on the ground. On seeing this another adjoining land owner Jayaramappa and his father Mudduramappa came there and Jayaramappa carried the injured Hanumantharayappa on his shoulder with an intention to take in to the hospital. Then the 3rd accused threw chilly powder into the eyes of Jayaramappa and the 2nd accused assaulted him with clubs on his head and the petitioner assaulted Jayaramappa twice on the left portion of his chest as a result of which he fell down. On seeing this the father of Jayaramappa, Mudduramappa came to save his son. Then the 3rd accused threw chilly powder on his face and the petitioner stabbed him with the same knife as a result of which he fell down and all the three persons died at the spot. Then the petitioner and the other accused ran away from the spot. 3-2. The offence alleged against the petitioner is punishable u/S. 302 r/w S. 34, IPC, either with death or imprisonment for life. The investigation is completed and according to the investigation there are six eye witnesses to connect the petitioner for the offence alleged against him.