SONU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the order dtd. 24/3/2023 passed in Crl.Misc. No.401/2023 by the II Additional District and Sessions Judge, Kalaburagi, wherein the bail application filed by the appellant under Sec. 439 of Code of Criminal Procedure, rejected by the learned Sessions Judge.

(2.) The appellant is accused No.4 in Crime No.70/2022 (Spl.C. SC/ST No.9/2023) of Kalagi Police Station, Kalaburagi District and charged for the offences punishable under Ss. 143, 147, 148, 504, 506, 323, 324, 326, 302, 201 read with 149 of IPC and Ss. 3(i)(r)(s) and 2(v) of SC/ST PA Act, 1989.

(3.) The brief facts of the prosecution case are that, there was a long standing civil dispute between the families of complainant - Nakul Chavan and accused Nos.1 and 2. As such, accused Nos.1 and 2 hatched a conspiracy to eliminate the deceased. Accordingly on 15/11/2022 in between 9:40 p.m., and 9:50 p.m., during the temple fest of Margamma Devi, accused persons formed an unlawful assembly and in prosecution of their common object with an intention to quarrel with the family members of the complainant came behind the house of one Motiram on CC Road at Arnakal Kindi Tanda, Kalagi and shouted on each other, at that point of time the deceased Anand Chavan proceeded to that place, for that accused No.1 asked the deceased why he came there and pushed him by hand, in this regard verbal altercation was taken place between accused No.1 and the deceased. By that time all accused persons assaulted the deceased with hands and kicked him with the legs. Accused No.1 with an intention to kill him stabbed the deceased with a knife on his stomach. Though CW.14 came to rescue the deceased, all the accused persons threatened him and warned him not to come there and thereby they again assaulted the deceased. Later CW1 - complainant came there with a torch and found that the accused persons were assaulting the deceased, who was none other than his own brother. Thereafter, accused persons ran away from the spot. Hence, the complaint was lodged by the brother of the deceased on 16/11/2022, which came to be registered in Crime No.70/2022 as stated supra against 13 accused persons. Thereafter investigation was conducted by the respondent-police and charge-sheet has been laid against the accused persons arraying the appellant as accused No.4.