SANGAPPA Vs. STATE

JUDGEMENT

(1.) THIS petition is filed seeking bail in Crime No. 164/2013 of Shahabad Town Police Station registered on 07.09.2013 for the offences under Sections 324, 504, 302 read with Section 34 of IPC.

(2.) COMPLAINT is filed by one Smt. Sunitha who is wife of deceased Ningappa. It is stated in the complaint that the family of the complainant and petitioner were owning 12 acres of land and same was given for cultivation to one Naganna S/o. Mallappa and Hiranna S/o. Shankrappa for a sum of Rs. 2,00,000/ - for two years. The accused have demanded an additional sum of Rs. 50,000/ - and in this connection deceased had gone to ask the accused for share in the additional amount. It is stated in the complaint that on 07.09.2013 at about 9:00 a.m. when the husband of the complainant, i.e., deceased Ningappa was at home accused No. 1 -Mallanna called him to the field and told him that the mortgagee will give additional amount for the land at about 3:00 p.m. The deceased and the accused started quarreling regarding the money in respect of the land and at that time accused No. 1 -Mallanna abused the deceased and held the hands of the deceased behind his back and at that time accused No. 2 -Bhimashankar assaulted the deceased with an axe on his neck, the deceased fell down and thereafter accused No. 2 -Bhimashankar dropped a size stone on the head of the deceased. The petitioner has assaulted the deceased by means of a club on both his legs and stomach. Thereafter Bhimashankar again assaulted with the same axe on the stomach of the deceased indiscriminately. The deceased died instantaneously due to injuries sustained by the assault. Based on the above information case came to be registered and after investigation charge sheet has been filed.

(3.) SRI Sanjay Patil, learned Addl. SPP submits that the investigating officer has recorded the statement of one Mallikarjun Pujari who is the eyewitness to the incident. It is stated by the said witness that all the three brothers had joined together and have thereafter killed the deceased with an intention to cause his death. Under these circumstances the petitioner is liable under Section 34 of I.P.C. for having caused the murder of the deceased with common intention to cause such murder. Hence, he submits that the petition may be dismissed.