SANTOSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This successive bail petition is filed by the petitioner/accused No. 6 under Sec. 439 Cr.P.C. seeking bail in Crime No. 131/2020 (S.C. No. 5007/2020) of Raibag Police Station for the offences punishable under Ss. 143, 147, 148, 324, 307, 302, 201, 212, 176 and 120-B read with Sec. 149 of IPC.

(2.) The case of the prosecution is that one Raghavendra Suresh Metri has filed complaint stating that he is the resident of Bendiwad village and currently staying in his building along with his family members and it is situated at Gerinayaknawadi. It is further submitted that on 3/6/2020 he slept at 11 p.m. along with his brother Manjunath and his cousin brother Kalmeshwar Gopala Mane. At about 03.00 am they heard some noise and came out of the house and saw about six persons on two motor Cycles. He realized that they had come to steal the buffalo. The complainant and his uncle deceased Mukunda Chased them on bike. After chasing them for some time, the accused persons stopped their Vehicles near Mavinhonda village and started pelting stones on them and assaulted them with deadly weapons, complainant fell unconscious and was thrown in the nearby well situated besides the road. As soon as he regained consciousness, he came out with the help of rope with great difficulty due to grievous injuries he had sustained. However, he could not find the whereabouts of his uncle as it was dark and ran to a nearby house and woke them up and informed them about the incident that had taken place and brought them to the place where the incident had taken place and after search his uncle Mukunda (deceased) was found dead inside the well and it was at 03.45 am. Thereafter, on 4/6/2020 after taking treatment at Gokak Hospital the complainant has filed the complaint against six unknown persons before the Raibag Police and it is registered in Crime No. 131/2020 of Raibag Police Station. Raibag Police undertook investigation and later found this petitioner/accused No.6. The petitioner came to be arrested on 16/6/2020 and he has been remanded to judicial custody. The petitioner filed Crl.Misc. No. 5214/2021 and the same came to be rejected by VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi by order dtd. 20/1/2021.

(3.) On an earlier occasion the petitioner had filed Crl.P. No. 101234/2021 seeking bail and the same came to be rejected by this Court vide order dtd. 15/7/2021. Therefore, the petitioner is before this Court seeking bail.