ASHAPPA Vs. STATE

JUDGEMENT

(1.) The petitioner-accused No.2 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.77/2019 of Mudhol Police Station, pending on the file of IV Additional District and Sessions Judge, Kalaburagi, sitting at Sedam in S.C.No.224/2019, registered for the offences punishable under Ss. 143 , 147 , 148 and 302 read with Sec. 149 of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant-Laxmi Yanginamane.

(2.) Heard Sri. Nandkishore Boob, learned counsel for the petitioner and Sri. Gururaj V Hasilkar, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is arrayed as accused No.2 and he has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. The petitioner was apprehended on 13/6/2019. Since then, he is in judicial custody. It is alleged that the petitioner assaulted the deceased-Malkappa with an axe and caused his death. There are no eye-witnesses to speak about the alleged incident. It is stated that deceased-Chennappa informed CW.5 over phone about the alleged incident but the dying declaration of Chennappa is not at all recorded. There is absolutely no material to connect the petitioner-accused No.2 to the offence in question. Accused Nos.6 to 8 are already enlarged on bail and on the principles of parity, the petitioner is also entitled for grant of bail.