CHIDANAND BALAKRISHNA KAMMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.11 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for brevity) seeking bail in Crime No.185/2022 of Yamakanmardi Police Station registered for the offences punishable under Ss. 143, 147, 148, 109, 120(B), 302, 504, 506 R/W 149 of The Indian Penal Code , 1860 (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecutions is that, one Smt. Ashwini Parashuram Halakarni has filed complaint stating that one Basavaraj Bharamappa Galate (accused No.1) had run away with the daughter of one Irappa Chougala, who is also the chairman of Basaveshwar Bank and the said accused No.1 doubted the complainant's husband that he was supplying the information about the daughter of chairman to him. In another incident, the son of accused No.1 got hit by a ball and therefore, there was a fight with the complainant's husband and the elder by name Kallappa Siddappa Bhujamugol intervened and pacified the quarrel. In spite of the said aspect, accused No.1 is having grudge against the husband of complainant. It is further stated that about 25 days prior to filing of the complaint, the mother-in-law of complainant was roaming in front of their house, the said accused No.1-Basavaraj came from the back side in a very speed manner and stopped vehicle right in front of the mother-in-law and when she asked why he was doing so, the said accused No.1- Basavaraj and 4 others got down to quarrel with the complainant's husband. There are cases registered of such a kind in the Yamakanmardi police station. It is further stated that, on 16/7/2022 at around 10:45 a.m, the complainant got a call from Mahantesh Maruti Ramgonhatti who is resident of Sindihatti stated that as they were coming back from Hanuman temple, her husband was riding a bike by No.KA.49/L-796 and at that time, accused Nos.1 to 8 and others with an intention of killing the complainant's husband Parashuram, dashed to his bike with eco sport car No.KA-22/MA-5280 intentionally and there was one more car where many other got down with dangerous weapons. The Parashuram had fallen to the side of the road by that time and the accused stated that they were waiting since many days and they had planned the same on Saturday. Accused Nos.1, 8 and 7 put red chilly powder into the eyes of deceased Parashuram and started to shout that they should kill him. At that time, accused No.1 with the weapon he had in his hand assaulted the Parashuram on the head, accused No.2 assaulted the Parashuram on his chin, accused No.3 assaulted him on his right forehand, accused No.5 assaulted him on his left hand and accused No.6 assaulted him on the chest and others were giving bad words and hitting Parashuram. Thereafter hearing the same, the complainant went to the spot and saw the dead body with bleeding injuries. Accused persons get into the car and went away. The said complaint came to be registered in Crime No.185/2022 of Yamakanmardi Police Station for the offences punishable under Ss. 143, 147, 148, 109, 120(B), 302, 504, 506 R/W 149 of IPC . The F.I.R came to be registered against accused Nos.1 to 8 and others. This petitioner came to be arrested on 21/7/2022 and he is in judicial custody. The petitioner-accused No.11 had filed Criminal Miscellaneous No.5504/2022 and the same came to be rejected by the learned VII Addl. District and Sessions Judge, Belagagi, Sitting at Chikkodi vide order dtd. 11/8/2022. Therefore, the petitioner-accused No.11 is before this Court seeking bail.

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