IRANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is arraigned as accused No.1 has filed this petition under Sec. 438 of Criminal Procedure Code (for short, ' Cr.P.C ') to grant him anticipatory bail in Crime No.18/2023 for the offences punishable under Sec. 306 read with Sec. 34 of Indian Penal Code (for short, ' IPC ') contending that he is innocent and law abiding citizen. He has not committed offences as alleged. The complaint does not allege any overacts against the petitioner. Without appreciating the facts and circumstances of the case, the Sessions Court has rejected application for anticipatory bail. Petitioner is permanent resident of the address given in the cause title. He is ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

(2.) Learned High Court Government Pleader submits oral objections stating that deceased-Shridhar Gudi had done Master in Computer Application. Initially, he was teaching computers in Bapuji School, Bilagi. After 4 to 5 years, he left said job and started supplying Readymade uniforms to the schools. He also started BC and Suraksha Credit Co-operative Society. He suffered loss due to borrowers not repaying the loan taken from the said society. After suffering loss, he was moving around without any work. Since two years, he was staying in his wife's house at Belagavi and running Goshala. 2.1. However, petitioner (accused No.1) and accused No.2 were harassing him for repaying the loan. Infact after selling the immovable properties, 70% of the loan was repaid. For the remaining amount due, he was harassed by lenders. When things stood thus, on 8/7/2023 at 12.30 mid night, Railway Police informed the complainant about a dead body found on the track and complainant identified it as belonging to his brother- Shridhar Gudi. A death note was found in his pocket implicating petitioner and accused No.2. 2.2. In respect of the said incident, the brother of the deceased has lodged complaint. On the basis of the complaint, investigation is started. Dead body is subjected to P.M examination. Death note of the deceased is sent to forensic examination and report is awaited. From the date of incident, petitioner and accused No.2 are absconded and their presence is required for investigation and prays to dismiss the petition.

(3.) Heard the arguments and perused the records.