SIDDANA GOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This successive petition has been filed by accused No.1 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.126/2020 of Siruguppa Police Station, registered for the offences punishable under Ss. 114 , 143 , 147 , 148 , 201 , 341 , 302 read with Sec. 149 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Smt. Savita W/o: Virupakshagouda, has filed the complaint stating that she is residing with her husband and four children at Bandrahal village of Siruguppa Taluk. Her father-in-law had two wives, first wife died issueless and second wife Smt. Siddamma (accused No.4) had three children, Eshwaramma (accused No.3), Mallamma and Virupakshagouda (deceased and husband of complainant). It is further stated that prior to the marriage of the complainant about 20 years back, accused No.3 Eshwaramma was given in marriage to Naganagouda of Nalgonda village of Andhra Pradesh. But after the marriage, they were residing at Bandaral village at their parent's house itself with her husband and her father-in-law had given 5 acre of land to his daughter for their livelihood. It is further stated that since from 8-10 years, the accused and their family started harassing the deceased to allocate equal share in the land which was held by Ramanagouda or else they will not leave him alive. In this regard, civil suits were also pending before the Siruguppa Court. It is further stated that there was a regular quarrel with regard to the property. On 16/6/2020 at around 8.00 a.m. the complainant along with her husband and four children visited the field and she returned back home at around 4.00 p.m. Her husband dropped the children to home and took his son Mrutyunjaya (CW.2) along with him to the field. At around 6.00 p.m. to 6.10 p.m., while the deceased and his son Mrutyunjaya were returning home on their motorcycle, near the land of Nayakara Yankod near Ramakkavva Temple, the accused No.2 restrained the deceased motorcycle and thrown chilly powder on him and in the meanwhile, accused No.1 was insisting the accused No.2 to stab and kill him. The accused No.2 assaulted the deceased with stone on his back and the deceased fell down and accused No.1 assaulted him with axe on his head, neck, right shoulder and right side cheek and he also kept his right leg on the chest of the deceased and cut the neck of the deceased. At that time, when the son of deceased was recording the incident, accused No.2, threatened him and took away his phone and deleted the video and threw away the phone and ran away from that place. The son of the deceased namely Mrutyunjaya rushed to his house and informed the complainant about the incident and took her along with him to the said place. The said complaint came to be registered in Crime No.126/2020 for the aforesaid offences. The accused Nos.1 and 2 were arrested on 16/6/2020. The accused Nos.1 and 2 together filed Criminal Miscellaneous No.497/2020 and the same came to be rejected by the II Additional District and Sessions Judge Court, Ballari, by order dtd. 21/12/2020. The petitioner earlier had approached this Court in Criminal Petition No.101167/2021 and the same came to be rejected by order dtd. 7/7/2021. Thereafter, the petitioner filed bail application in S.C.No.7/2021 and the same came to be rejected by order dtd. 19/2/2022.

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