YERISWAMY N. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.1 under Sec. 439 of Cr.P.C., seeking bail in Crime No.42/2022 of Hosapete town police station, for the offences punishable under Ss. 302 , 323 read with 34 of IPC , pending in S.C.No.5053/2022 on the file of III Additional District and Sessions Judge Court, Hospete.

(2.) The case of the prosecution is that, one N.Jadiyappa the cousin brother of the deceased Gangdhar has filed complaint stating that, the deceased Gangadhar who was working in Goa came recently about four days to Hosapete. That on 29/3/2022 at about 6.10 a.m., when the complainant was in the morning walk, he received a call from his friend stating that his cousin brother was stabbed by some unknown persons and he was being shifted to the Civil Hospital. Immediately after receiving the information the complainant rushed to the hospital to see his brother. The Doctor informed the complainant that, his brother is dead. The complainant suspecting the foul of some miscreants due to financial transactions, suspecting that they might have committed the murder of his brother, filed complaint which came to be registered in Crime No.42/2022 of Hospete police station for the offence punishable under Sec. 302 of IPC. During the investigation the police arrested this petitioner on 30/3/2022 based on the statement of the witnesses and CC TV footage. The police after investigation filed charge sheet against this petitioner and another for the offences punishable under Ss. 302 , 323 read with Sec. 34 of IPC. The petitioner filed Criminal Misc. No.5478/2022 seeking bail and the same came to be rejected by the III Additional District and Sessions Judge, Ballari, sitting at Hospete by order dtd. 18/8/2022. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent- State.