SURESH T. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.106/2021 of Bellary Rural Police Station, registered for the offences punishable under Ss. 302 and 504 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and pending for trial in SC No.66/2021 on the file of the learned II Additional District & Sessions Judge, Ballari.

(2.) The case of the prosecution is that, one Ganganna had filed complaint stating that the petitioner/accused has taken Rs.10,000.00 hand loan from the deceased Lokesh but he did not returned the said amount, due to which the deceased Lokesh had quarreled with the petitioner/accused to return the said amount and insulted him in public place. That on 6/4/2021 at about 06:30 p.m. when the petitioner/accused was standing near Ayyappa Swamy Temple situated at Vinayak Nagar, at that time, the deceased Lokesh went to the said spot and asked the petitioner/accused to return the said amount and at that time at about 07:30 p.m., the petitioner/accused took the deceased Lokesh backside of the temple by saying to return the said amount and abused him in filthy language, assaulted him with hands, pushed him forcefully and when deceased Lokesh fell down on the ground, at that time, the petitioner assaulted him with stone on his head and forehead with force and committed his murder. The Police after investigation filed charge sheet. The petitioner came to be arrested on 7/4/2021 and he is in judicial custody. The petitioner filed bail application in SC No.66/2021 and the same came to be rejected by the learned II Additional District & Sessions Judge, Ballari by order dtd. 2/8/2022. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.