BALABHEEM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 439 of Cr.P.C. seeking to enlarge him on bail in Crime No.82/2022 of Revoor Police Station, for the offences punishable under Ss. 302 and 201 of Indian Penal Code, 1860 (for short, ' IPC ').

(2.) Brief facts leading rise to filing of this petition are as under: The complainant namely, Sri Huliyappa, who is the father of the deceased Shivasharanappa has alleged in his complaint filed on 13/10/2022 against the petitioner and others that he has four sons, out of which, the deceased Shivasharanappa was working as driver in KSRTC. When facts stood thus, about one month prior to the incident it is alleged that the deceased Shivasharanappa has asked accused No.2 as per the FIR and complaint that why he is smoking Beedi instead of Cigarette. That on such question, the accused persons have quarreled with the deceased resulting in enmity, that on 12/10/2022 accused No.1 had taken the deceased on motorcycle at about 06- 00 p.m. and on 13/10/2022 at about 6-30 a.m. a person namely, Ramesh while going to answer nature call had found the dead body of Shivasharanappa near the land of Satappa Aanur and on the information, the complainant and his family members went to the spot and saw the dead body. That on seeing the dead body, they found that the dead body of Shivasharanappa was stained with blood due to injuries caused with sharp edge weapon. That due to enmity occurred between the accused and Shivasharanappa, it was suspected that the accused persons might have committed the murder of deceased Shivasharanappa and based on the aforesaid allegations, the complainant has lodged the complaint against the accused persons in Crime No.82/2022 of Revoor Police Station for the offence punishable under Sec. 302 read with Sec. 34 of IPC .

(3.) Heard the learned counsel for the petitioner and also learned High Court Government Pleader for respondent/State.