BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Criminal Petition No.102393/2022 is filed by accused Nos.1, 2, 4 and 5, Criminal Petition No.102415/2022 is filed by accused Nos.7, 9 and 10 and Criminal Petition No.102630/2022 is filed by accused No.8. All these three petitions are filed under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for brevity) seeking bail in crime No.110/2022 of Old Hubballi Police Station registered for the offences punishable under Ss. 143 , 147 , 148 and 302 read with Sec. 149 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Sanjay S/o Shivaji Patadari of Gangivala village has filed a complaint stating that about 1 1/2 years ago, his brother Deepak Patadari was elected as a member of Gangivala Grama Panchayath. His elder brother by name Deepak Patadari was carrying on good work to his village, his brother Deepak had love affair with one girl of Meti family and had married her sometime back. About 15 days prior to filing of the complaint, no confidence resolution was moved against the President and Vice President of Rayanal Grama Panchayath. When his brother Deepak Patadari (deceased) was in his house, one Basavaraj Maradagi (accused No.8) of Rayanal village came along with complainant on complainant's motorcycle to his village and he has introduced Basavaraj Maradagi to his elder brother i.e, Deepak Patidar and went inside his house. It is further stated that on 4/7/2022 till 10:00 p.m, complainant's brother Deepak and Basavaraj Maradagi were sitting in his house discussing regarding panchayath office and at about 10:15 p.m, the Basavaraj requested his brother that he wants to go back to his village Rayanal and he has no motorcycle and hence, requested complainant's brother to drop him to his village Rayanal, for which his brother agreed and went on his bullet motorcycle along with Basavaraj Maradagi to drop him to his village. It is further stated that in night at about 10:30 p.m, when complainant was at his home, his brother's friends Paramananda Shyamgundi and Rudrappa Shettenagouda telephoned him and told that all the petitioners and other persons have assaulted his brother Deepak Patadari with sword and knife and asked him to come urgently. Immediately, when complainant and his friend Arun Balad reached Rayanal village, Paramananda Shyamgundi and Gurunath Chandaragi had taken the injured to KIMS hospital, Hubballi and admitted him in KIMS hospital, Hubballi on 4/7/2022 at about 11:30 p.m, for treatment. The complainant enquired the doctor, who told that he is not in condition to speak and his brother thereafter succumbed to the injuries on 5/7/2022 at about 2:40 a.m. Thereafter, the complainant enquiring with the elders went to the police station and lodged the complaint. The said complaint came to be registered in Crime No.110/2022 of Old Hubballi Police Station for the offences punishable under Ss. 143 , 147 , 148 , 302 read with Sec. 149 of IPC . During investigation, accused Nos.1, 2, 4, 5, 7 and 8 were arrested on 6/7/2022 and accused Nos.9 and 10 were arrested on 11/7/2022 and all are in judicial custody. The petitioners-accused Nos.1, 2, 4, and 5 filed Criminal Miscellaneous No.5369/2022, the petitioners- accused Nos.7, 9 and 10 filed Criminal Miscellaneous No.5371/2022 and the petitioner-accused No.8 filed Criminal Miscellaneous No.5399/2022 under Sec. 439 of Cr.P.C seeking bail and all the three petitions came to be rejected by V Additional District and Sessions Judge, Dharwad, sitting at Hubballi by orders dtd. 16/8/2022, 16/8/2022 and 1/9/2022 respectively. Therefore, the petitioners-accused Nos.1, 2, 4, 5, 7, 8, 9 and 10 are before this Court seeking bail.

(3.) Heard the arguments of learned counsel appearing for the petitioners and learned High Court Government Pleader for the respondent-State.