PAPANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused No.3 and 5 under Sec. 439 of Cr.P.C. for granting regular bail in S.C.No.10023/2022, pending on the file of the V Additional District and Sessions Judge, Tumakuru to sit at Tiptur for the offence punishable under Ss. 302 read with 34 of IPC on the complaint registered by Turuvekere police in Crime No.21/2022.

(2.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

(3.) The case of the prosecution is that the son of the deceased, namely, Chethan B.R. filed the complaint before the police on 3/2/2022, alleging that there was a pathway dispute between the family of the complainant and one Shivegowda, the father of accused No.4 and a civil case is also pending before the Court. On 2/2/2022, the case was attended by the complainant and his father and they met the advocate and came back. At about 5.30 p.m., accused No.5, who is said to be the friend of accused Nos.3 and 4, came to the house of the complainant and took the father of the complainant along with him in his motorcycle. Subsequently, on 3/2/2022 at 6.30 a.m., they came to know from one Shankaranna that his father had died by sustaining injury near the land of Narayanagowda. Immediately, he went and saw that somebody had committed the murder by using the wooden club and then he suspected Shankara, Shivegowda, Pappanna and Puttegowda could have committed the murder of his father. Based upon the complaint, the police arrested the petitioners along with other accused on 4/2/2022, on the voluntary statement and also recovered the weapons and subsequently investigated the matter and filed the charge-sheet. The further case of the prosecution is that after taking the deceased along with petitioner/accused No.5 in his motorcycle, they said to have went to purchase liquor and on the way, accused No.5 stopped the vehicle in the guise of attending nature call. Then accused Nos.3 and 4 have also come in the motorcycle. Accused No.4 is said to have assaulted on the head with the wooden stick. Accused No.5 is said to have held the deceased and accused No.3 is said to have kicked on the private part of the deceased and caused injuries and thrown the dead body and went away. After confession statement, the police during the investigation, dropped the names of accused Nos.1 and 2, Shankara and Shivegowda in the charge-sheet. They filed the charge-sheet only against accused Nos.3 to 5 (accused No.4 is not before this Court). The bail petition came to be rejected by the Sessions Judge and hence they have filed this petition before this Court.