MUTTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short), seeking to enlarge the petitioner, who is arraigned as accused No.2, on bail in Crime No.5/2022 of Zalaki Police Station, registered for the offences punishable under Ss. 451 , 302, 504 and 506 (2) read with Sec. 34 of Indian Penal Code, 1860 (' IPC ' for short).

(2.) It is the case of the prosecution that there was a boundary dispute between the deceased and the accused in this case. It is alleged that on 17/1/2022 at about 11.30 p.m. the said deceased was sleeping in a living room of his house. The accused No.1 and petitioner came inside the house and assaulted him with a iron rod. The complainant and another person intervened and begged accused to leave the deceased - Anil and pushed the accused out of the house, but the petitioner who came back with steel pipe and again entered the house and found that the deceased - Anil is still alive. Therefore, the petitioner assaulted deceased on his head with steel pipe and also on right ear. The deceased - Anil succumbed to the injuries. Therefore, Renuka who is the wife of the deceased - Anil has lodged the complaint. The police conducted the investigation and arrested the petitioner on 20/1/2022. Since, then the petitioner is in judicial custody. His bail petition was rejected by the Sessions Court. Hence, the petitioner has filed this petition.

(3.) Heard Sri. R. S. Lagali, learned counsel for the petitioner and Sri. Gururaj V. Hasilkar, learned counsel for the respondent - State.