RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C .', for short) for granting bail in respect of Crime No.102/2021 registered by Belagavi Rural Police for the offence punishable under Ss. 302 and 504 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC ', for short).

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

(3.) The case of the prosecution is that complainant who is mother of the deceased as well as accused filed complaint to the Police on 5/8/2021, alleging that she is having two children, accused -Raju and deceased Basavaraj and her husband died long back. Accused Raju is married man and he is residing separately from last 20 years. Deceased Basavaraj is unmarried. There was a house belonging to complainant. Two years back she had partitioned the house amongst her sons. Raju was residing in one portion and she was residing along with Basavaraj in another portion. It is further alleged that deceased Basavaraj was regularly quarreling with the petitioner and herself to sell the entire house as deceased was in need of money. That on 4/8/2021 at 11 p.m. the deceased Basavaraj picked up quarrel with the petitioner and with the complainant regarding selling of the house. The petitioner objected the same. When he was quarreling with his mother, he tried to pacify the quarrel, when he not listen his advice, in anger he assaulted on the head of deceased Basavaraj with axe and committed murder. Listening the quarrel, neighbors came there and accused-petitioner ran away. After registering the case on 5/8/2022, police investigated the matter and filed charge sheet against petitioner and petitioner came to be arrested on 5/8/2021 and remanded to judicial custody. He has filed bail petition before Sessions Judge and the same came to be rejected. Hence, he is before this Court, seeking regular bail.