KIRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused Nos.4 and 5 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.125/2020 of Kerur Police Station, registered for the offences punishable under Ss. 143 , 147 , 148 , 341 , 447 , 302 , 109 read with Sec. 149 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) Petitioner No.1 - Kiran S/o. Shivappa Madar has been shown as accused No.7 in the FIR and petitioner No.2 - Santosh S/o. Shivappa Madar has been show as accused No.8 in the FIR.

(3.) The gist of the charge sheet is that land bearing Sy. No.95 measuring 8 acres 1 gunta originally belongs to one Yamanappa Shivappa Madar who died issueless in the year 1950. Thereafter, the name of his younger sister Hanamavva D/o. Shivappa Madar was mutated on 4/8/1953. On 2/10/1984 Hanamavva relinquished her right to her son i.e., Bhimappa S/o. Hanamavva Madar (the father of the complainant). Yamanappa Hanamappa Madar (the father of accused-Shivappa Yamanappa Madar who is accused No.6 in the charge sheet and accused No.10 in the FIR) has objected the claim to be the propositus of the land and at that time in the year 1989, Hanamavva Madar had filed appeal in R.T.S.No.7/1989 before the Assistant Commissioner, Bagalkote and an order came to be passed by the Assistant Commissioner, that Yamanappa Hanamappa Madar is the propositus and Hanamavva D/o. Shivappa Madar is the direct legal heir of deceased Yamanppa Shivappa Madar. Accused-Yamanappa Shivappa Madar @ Janagawad and his elder brother accused-Kamappa Yamanappa Madar claiming to be the original ancestors and the said land also belongs to them had un-authorizedly put up a shed which existed for the past eight years. With respect to possession of the land, complainant's father Bhimappa D/o. Hanamavva Madar had filed suit in O.S.No.18/2012 and the same came to be decreed on 13/9/2017. Hence, accused had preferred R.A. No.131/2017 against the complainant's father before the District Court, Bagalkote and on 13/2/2020, appeal came to be dismissed and dissatisfied with it, accused persons Shivappa Yamanppa Madar and Kamappa Yamanappa Madar got enraged against complainant's father and his family members. They preferred appeal before the Hon'ble High Court of Karnataka, Dharwad Bench and on 16/9/2020 the said appeal was dismissed and learning about the same, accused valuating that they will not get the land and money is wasted, with intent to murder the complainant's father i.e., Bimappa S/o. Hanamavva Madar on 16/9/2020 in between 16:15 to 16:30 hours, accused Nos.3, 4, 6, 7, 8, 10 and 11 (as per FIR) formed an unlawful assembly in prosecution of their common object, trespassed into the land bearing R.S. No.95 of Janagawad Village wherein the complainant and his family members were present and in the presence of eyewitnesses i.e., CWs-7 to 12, accused No.1(as per the charge sheet) in order to murder Devakkevva assaulted on her face and neck and making her fall on the ground and committed her murder. Further, when Durgappa Bhimappa Madar was sleeping under the tree, accused No.2 (as per the charge sheet) was caught hold of him and at that time accused No.3 (as per the charge sheet) with the axe he had possessed assaulted on his left shoulder, accused No.4 (petitioner No.1) assaulted on the right shoulder, accused No.5 (petitioner No.2) assaulted behind the neck and committed his murder. Seeing the incident, the complainant and his mother-in-law i.e., Shanta the wife of complainant's elder brother started screaming, to whom the petitioners chased them to assault but they went screaming towards the village and escaped the assault. The case came to be registered in Crime No.125/2020. After the investigation, charge sheet has been filed and the case is pending in S.C. No.28/2021 on the file of Principal District and Sessions Judge, Bagalkote. The petitioners have filed Criminal Miscellaneous No.459/2021 seeking bail and the same came to be rejected by the Principal District and Sessions Judge, Bagalkote by order dtd. 24/12/2021. Therefore, petitioners are before this Court seeking bail.