RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 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.43/2022 of Gokak Rural Police Station registered for the offences punishable under Ss. 448 , 450 , 302 and 504 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Laxmi @ Sakrevva Maning Gayakavad has filed the complaint stating that she and accused persons are neighbours at Maradimath village at Gokak Taluk. The complainant's son Hanumant has borrowed an amount of Rs.700.00 from accused No.1-Raju Bhajantri and the complainant went to return the same on 8/3/2022 in the evening. At that time, accused No.1 refused to receive the amount with a say let her son re-pay it, and then the complainant returned home and scolding her son as to why was he doing like this and to work properly. On the very night at about 08.00 p.m. accused persons trespassed into the house of complainant, accused No.4 dragged saree of the complainant and husband of the complainant Maning intervened and asked the accused No.4 as to why she is dragging her saree. Being enraged, accused No.1-Raju uttered that it is too much and he will not leave him and lifted and thrown him on the tiles floor of the house and sat on his chest and assaulted with hands. When they screamed for help, accused persons fled away and thereafter the complainant's husband declared dead. The said complaint came to be registered in Crime No.43/2022 by Gokak Rural Police Station for the offences punishable under Ss. 448 , 450 , 302 and 504 read with Sec. 34 of IPC. The Police arrested the petitioner/accused No.1-Raju on 14/3/2022 and he is in judicial custody. The petitioner/accused No.1 filed Criminal Miscellaneous No.8171/2022 seeking bail and the same came to be rejected by the XII Additional Sessions Judge, Belagavi sitting at Gokak by order dtd. 1/10/2022. Therefore, the petitioner/accused No.1 is before this Court seeking bail.

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