CHANDRASEKHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners-accused Nos.1 and 2 are before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.88 of 2021 of Yeregera Police Station, pending in CC No.7673 of 2021 on the file of Additional Senior Civil Judge and JMFC, Raichur, registered for the offences punishable under Ss. 143 , 147 , 148 , 504 , 323 , 302 , 506 read with Sec. 149 of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by informant Sharanappa.

(2.) Heard Sri.Shivanand Patil, learned Counsel for the petitioners and Sri.H S Shankar, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

(3.) Learned counsel for the petitioners submitted that petitioners are arrayed as accused No.1 and 2. They have not committed any offences as alleged. They have been falsely implicated in the matter without any basis. They were apprehended on 19/5/2021 and since then they are in judicial custody. Initially, the first information was lodged alleging commission of offence punishable under Sec. 307 and other offences. However, subsequently, on the death of the injured Rangappa, Sec. 302 of IPC was invoked. The investigation is completed and the charge sheet is filed. The allegations against the petitioners and other accused are that there was long standing ill-will between the informant and the accused. There was a civil dispute between the two as they were neighbours. The accused tried to put up pandal in the land belonging to one Srinivas. But the deceased questioned Srinivas as to why he is permitting the accused to put up the pandal. In that regard, there was dispute and accused Nos.1, 2 and 6 have hit the deceased with fire wood. It is pertinent to note that each one of the accused Nos.1, 2 and 6 gave single blows, as a result of which, Rangappa died on the subsequent day. There was no intention to cause the death of the deceased. However, the unfortunate incident has taken place. Even as per the post mortem report, there were only three external injuries sustained by the deceased. The investigation is completed and the charge sheet is filed. Detention of the petitioners in custody would amount to pre-trial punishment. The petitioners are the permanent residents of the addresses mentioned in the cause title to the petition and are ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays for allowing the petition.