MALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 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.38/2022 of Naragund Police Station, registered for the offences punishable under Ss. 302 and 120(B) read with Sec. 34 of The Indian Penal Code (hereinafter referred to as the 'IPC ', for brevity), pending on the file of the Principal District and Sessions Judge, Gadag in S.C. No.28/2022.

(2.) The case of the prosecutions is that one Shekappa S/o. Yankappa Shellikeri the father of the deceased-Sharanappa lodged the complaint stating that he is living in Lakhamapura village along with his mother, wife, children, two brothers and their respective wives and their children. His son Sharanappa drives auto rickshaw and he ferries coolie workers from Lakhamapura to other villages and brings them back. On 11/3/2022 at 10.30 p.m., the deceased-Sharanappa came to home, took the key of motorcycle and stated the complainant that himself and his uncle Shiddappa will go to Karihal village and came back. After some time Sharanappa came back home and kept motorcycle key in the house and then complainant asked the deceased-Sharanappa to have food to which he replied that chicken meal has been prepared and he will go there and have meal. On 12/3/2022 at 6.00 a.m., Manjunath Mallappa Darigonda relative of the complainant called Shrikant son of complainant's sister and informed that Sharanappa is sleeping in the yard of Durgamma Temple but he is not getting up at all. Thereafter, immediately the complainant and his family members went to the said spot and found that the said Sharanappa was dead. They noticed that a ligature mark on the neck of the deceased and certain injuries were found on the legs of deceased. Suspecting that some person committed his murder, lodged the complaint in Crime No.38/2022 for the offence punishable under Sec. 302 of IPC against unknown persons. The Police after investigation filed the charge sheet against accused Nos.1 and 2. The substances of charge sheet is that the deceased had intimacy with brother's daughter by name Sakkubai of accused No.1 and for that accused No.1 quarreled with the deceased and accused No.2 had intimacy with Drakshayani Shellikeri who is the aunt of the deceased, therefore the deceased quarreled with him. Hence, accused Nos.1 and 2 conspired to murder the deceased and called him near the new construction house of accused No.1 and tightened the neck of the deceased with the help of rope by both accused and accused No.2 assaulted him with club and then the deceased died at the spot and then the dead body of the deceased had taken and put up on the katta of the Durgamma Temple. The Police recorded further statement of Shekappa Shellikeri stating that his brother Fakirappa @ Prabhu Shellikeri seen accused Nos.1, 2 and deceased near the construction of new building that accused No.1 by drinking alcohol and also seen accused No.2 at the same place during the night of 11/3/2022. The petitioner-accused No.2 came to be arrested on 21/3/2022 and he is in judicial custody. The petitioner/accused No.2 has filed bail application in S.C. No.28/2022 and the same came to be rejected by the Principal District and Sessions Judge, Gadag by order dtd. 6/7/2022. Therefore, the petitioner/accused No.2 is before this Court seeking bail.

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