RAKESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973, (for short hereinafter referred to as ' Cr.P.C .') seeking to enlarge the petitioner who is arraigned as accused No.1, on regular bail, in Crime No.14/2022 of Basavana Bagewadi Police Station, registered for the offences punishable under Ss. 302 r/w 34 of Indian Penal Code, 1860 (for short hereinafter referred to as ' IPC ') pending on the file of Civil Judge and JMFC Court, Basavana-Bagewadi.

(2.) A complaint came to be lodged by the maternal uncle of the deceased by name Anil Erappa Tumbali stating that on 16/1/2022 in the afternoon at 12:00 p.m., when he was in his grocery shop, he received a message that somebody has assaulted his relative Sandeep near bus stand of Basavana Bagewadi, by dropping a stone on the head of the deceased, which resulted in death of the deceased. Then himself and other witness went to the spot, found the dead body of Sandeep and they also found that there is injury caused to the head and the brain has come out. Hence, a complaint in Cr.No.14/2022 came to be registered against unknown persons. Thereafter the petitioner was arrested on 18/1/2022, the motorbike and the mobile phone belonging to the deceased were recovered from the possession of the petitioner/accused No.1 and accused No.2. They gave voluntary statement stating that the deceased, petitioner/accused No.1 and accused No.2 were all in the habit of drinking alcohol and the deceased was addicted to alcohol. On the fateful day, the deceased and accused went to Cauvery Dhaba as it was a lockdown period, the said Dhaba was closed around 10:00 p.m. and the same belonged to CW.13 - Shivakumar. CW.13 was sleeping in front of his Dhaba and then deceased asked said CW.13/Shivakumar to give him alcohol, but he refuses to gave any alcohol. But the deceased insisted him to give alcohol and gave Rs.200.00 and then CW.13 gave Bagpiper liquor. Then they went out and consumed alcohol. During that period, Sandeep threw a stone towards accused No.1 and enraged by the said act of the Sandeep, a quarrel started between them and in that altercations, the accused assaulted deceased with stone, due to which, the deceased fell down. At that time, the accused thought that if they left the deceased alive, then he may lodge criminal case against them and on that ground, they again assaulted the deceased by dropping the big stone on the head of deceased and took his motor bike and mobile phone. They were caught by the police and they were arrested. The bail petition of accused No.1 who is the petitioner came to be rejected by the Court of Sessions. Hence, he filed this petition.

(3.) Heard Shri. R.S.Lagali, the learned counsel for the petitioner and Sri. Gururaj V.Hasilkar, the learned HCGP for the respondent/State and perused the material on record.