MALASHRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the accused No.9 under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for short) for granting bail in s.c.No.5009/2022 pending on the file of I Addl. District and Sessions Judge, Bagalkot sitting at Jamakhandi in respect of Crime No.110/2021 registered by Jamakhandi Police for the offence punishable under Ss. 143, 147, 148, 341, 302, 307 read with Sec. 149 of the 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.

(3.) The case of the prosecution is that one Dundappa Yamanappa Gurikar filed a complaint on 28/8/2021 stating that he is said to be a Police Constable at Banahatti Police Station. It is alleged that the uncle of the complainant viz., Basavaraj Mudaraddi said to have purchased 3 1/2 acres of land from Basavaraj Mahadev Puthani and Ambavva, accused No.7 said to be the stepmother of the said Basavaraj Puthani. The said Ambavva, accused No.7 and her son Nandish, accused No.1 under the guise that they are having share in the said property, filed a suit. On this background, there is enmity between the complainant's family and the accused persons. That on 28/8/2021, at 3.30 p.m. complainant came to know that his uncles and their children are working in the land with the help of JCB, tractors and bullock cart. Later one Ajayakumar telephonically informed the complainant that the accused persons are assaulting his father and uncles in the land of putani. The complainant and one Basavaraj Magadum rushed to the spot. On the way, they saw a Bolero jeep was standing near the house of Parappa putani. The complainant found the dead bodies of Hanamanth, Mallappa, Basavaraj and Ishwar in front of the shed of Smt.Ambavva and he noticed injuries on them which are caused by weapons like axe, sickle, spade and iron rods. After registering the case, Police have arrested almost 12 persons. Present petitioner is accused no.9, she was arrested on 1/9/2021 and she was remanded to judicial custody. Police have already filed charge sheet. Accused has filed bail application before Sessions Judge and the same came to be rejected. Hence, she is before this Court seeking regular bail.