SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the 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.98/2021 of Mundgod Police Station registered for the offences punishable under Ss. 341 and 302 read with Sec. 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) pending on the file of the I Additional District and Sessions Judge, U.J. Karwar sitting at Sirsi in Sessions Case No.5064/2021.

(2.) It is the case of the prosecution that, one Mutturaj has filed a complaint stating that the deceased namely Vijay who is complainant's sister's son was working as Mason and was owing a motorcycle bearing No.KA-31-EB-7684, as there was no place to park the said vehicle in front of the house of the deceased, he used to park the same in front of the house of complainant. On 18/7/2021 at about 07:00 a.m. one Mr. Shashidhar Madar came and informed the complainant that the body of Vijay is found near Ayyappa Swami Temple on Nyasargi road. Therefore, the complainant and others went there and found the dead body of Vijay and there were several injuries on his body and therefore he filed the compliant against unknown persons which came to be registered in Crime No.98/2021 of Mundgod Police Station for the offences punishable under Ss. 341 and 302 read with Sec. 34 of IPC. During the investigation based on the voluntary statement of accused No.1, the petitioner/accused No.2 came to be arrested on 24/7/2022. After investigation, the Police filed a charge sheet for the aforesaid offences. The petitioner filed bail application in S.C. No.5064/2021 and the same came to be rejected by the learned I Additional District and Sessions Judge, Uttara Kannada, Karwar sitting at Sirsi by order dtd. 14/3/2022. Therefore, the petitioner/accused No.2 is before this Court seeking bail.

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