BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short), seeking to enlarge the petitioner, who is arraigned as accused No.2, on bail in Crime No.79/2020 of Adarsh Nagar Police Station Vijayapura Dist: Vijayapura, registered for the offences punishable under Ss. 143, 147, 148, 120(B), 114, 341 and 302 read with Sec. 149 of Indian Penal Code (' IPC ' for short), on the file of V Addl. Civil Judge and JMFC-IV, at Vijayapura.

(2.) It is the case of the prosecution that on the basis of complaint lodged by one Smt. Shantabai Naganur who is the mother of deceased, FIR came to be lodged. It is further contended that there was a dispute about money transaction between the deceased - Satish and accused No.1. Therefore, their relationship was strained and there was enmity between them. It is contended that on 24/7/2020 at about 07.00 p.m. one Shivanand Shirawal took the deceased with him on motorcycle. The deceased - Satish did not return to home and there was no response from when his mother called him over his mobile phone. Hence, she was afraid. Thereafter, Shivanand Shirawal came at 11.30 p.m. to her house stating that one Ramesh and other three persons came in an auto and stopped their motorcycle. They threw chilly powder on the face of the deceased - Satish and started assaulting. They also tried to assault Shivanand Shirawal, so he ran away from there. Thereafter, the complainant came to spot along with Shivanand Shirawal and found that the deceased - Satish succumbed to the injuries. They also enquired the other persons. A complaint came to be lodged in this regard against Ramesh and three other persons. The petitioner was arrested on 29/7/2020. Since, then he is in judicial custody. The bail petition filed by the petitioner came to be rejected by the Sessions Court. Hence, the petitioner has filed this petition.

(3.) Heard Sri. Shivanand V. Pattanashetti, learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State.