A.BALACHANDRA BHAT Vs. KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.3 under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .' for brevity) for granting bail in Crime No.65/2021 registered by the Shankaranarayana Police Station, Kundapura, Udupi district, for the offences punishable under Ss. 120B , 302 , 109 , 506 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ' for brevity).

(2.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State.

(3.) The case of the prosecution is that, one Smt. Jyothi, wife of the deceased, filed complaint before the police on 6/6/2021 alleging that her husband Udaykumar is an agriculture coolie worker. He is said to have applied for No-objection to the village Panchayat, Yadamogge for digging the bore-well. Accused No.1-Pranesh was the Chairman of Yadamogge Village Panchayat. He has harassed her husband and subsequently, accused No.1 and the present petitioner-accused No.3 stated to have continuously harassing her husband and threatening with dire consequences. It is further alleged that on 5/6/2021 at about 7:00 pm, accused No.1 asked the deceased to come to the road side to talk. Her husband went outside on his motorcycle and was standing on the road side. She also went behind her husband. Accused No.1 came in a car bearing No.KA.20.Z-2067 in a speed and dashed to her husband. In the said car, accused No.2 and others were also present. Her husband fell down, immediately accused person got down from the car and they assaulted with clubs and abused him in filthy language and went away in the car. Immediately herself and her father-in-law-CW-22 shifted her husband to the hospital in omni car and while shifting her husband ambulance also came and they shifted her husband in the Ambulance. On the way, her husband died. Hence, she lodged a complaint alleging that accused Nos.1 and 2 and at the instance of this petitioner-accused No.3, they committed murder. After registering the case, the police arrested this petitioner and he was remanded to judicial custody. He had moved bail petition before this Court which came to be dismissed as withdrawn with liberty to file a fresh petition by order dtd. 24/11/2021. Now the petitioner once again is before this Court on additional grounds.