NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.2 has filed this petition under Sec. 439 of Cr.P.C. seeking bail in Crime No. 62/2021 of Belagavi Rural Police Station registered for the offences punishable under Ss. 143 , 147 , 148 , 341 , 302 , 323 , 504 and 506 read with Sec. 149 of IPC.

(2.) The case of the prosecution is that one Smt.Bharati Mukund Ghadi has filed a complaint stating that, she is residing with her husband Mukund Ghadi in Yellur village and her husband is a contractor. On 17/4/2021 at about 7.30 p.m., the husband of the complainant took Rs.2.00 lakh and saying that himself along with one Mallappa Patil both are going outside for dinner and left the house. Thereafter, the complainant after completion of her dinner slept in the house. At about 00.30 a.m., one Satish Kugaji came to the house of the complainant and informed that the petitioner/accused Nos.1 to 3 assaulted the husband of complainant, near Vitthal Rukmai Mandir Immediately, the complainant along with her brother-in-law by name Anand Ghadi went to the spot, wherein they found her husband lying who had sustained head injury and who was not in a speaking condition. The complainant enquired with one Mallappa Patil, who in turn informed that himself and the husband of complainant went to Khanapur for dinner and at about 12.30 night when they came near Virat Galli the petitioner/accused Nos.1 to 3, and seven to eight others came on a motorcycle having sticks in their hands and followed the husband of complainant and said Mallappa. When the husband of the complainant and Mallappa came near Vitthal Mandir, the petitioner/accused No.1 obstructed and stopped the husband of complainant and asked why he abused his wife, saying so started abusing in vulgar language. The accused No.1 assaulted the husband of the complainant on the right side of the eyebrow with a stick and other accused persons started assaulting with hands. The husband of the complainant made hue and cry and on hearing the same Mallappa, Satish Kuggaji, Appaji, Goral, Srikant Nandurkar and Pawar Dhamnekar came and separated the quarrel. The accused threw the stick there itself and left the place. The complainant and her brother-in-law Sri. Anant called one private ambulance and shifted the unconscious husband of the complainant to the Yellur KLE Hospital, wherein the medical officers advised the complainant to take the injured to KLE Hospital, Belagavi. the complainant took her husband to KLE Hospital, Belagavi, wherein she was asked to take her husband to Vijaya Hospital, Belagavi. The complainant got admitted her husband to Vijaya hospital for treatment. On the next day night at about 8.15 a.m., she lodged a complaint against petitioners/accused and eight to ten unknown person. Initially the case was registered in Belagavi Rural Police Station Crime No.62/2020-21 for the offences punishable under Ss. 143 , 147 , 148 , 341 , 323 , 504 , 506 , 307 read with Sec. 149 of IPC. After the death of Sri.Mukund on 28/4/2021, the police have sent a requisition to insert Sec. 302 of IPC. On 20/4/2021, the police have arrested the accused Nos.1 to 3 and on 2/5/2021 the police have arrested the accused Nos.4 to 6 and they have been remanded to the judicial custody. Initially, the accused Nos.2 and 3 have filed Criminal Misc.No.499/2021 before the X Additional Sessions Judge, Belagavi. On being insertion of Sec. 302 of IPC, the said petition was withdrawn as not pressed. The petitioner Nos.1 to 6, thereafter filed Criminal Misc.No.539/2021 seeking bail and the same came to be rejected by the X Additional Sessions Judge, Belagavi by order dtd. 18/5/2021. The petitioner earlier had filed Crl.P.101001/2021 seeking bail before this Court and same came to be rejected by order dtd. 9/6/2021.

(3.) Thereafter, the petitioner - accused No.2 has filed Crl.Misc.No.370/2022 seeking bail and same came to be rejected by the XI Additional Sessions Judge, Belagavi by order dtd. 26/3/2022. Therefore, the petitioner - accused No.2 is before this Court seeking bail.