MAYAPPA Vs. STATE

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners in the both the cases. The petitioners are arrayed as A5 and A7 respectively in Crime No. 135 of 2012 of Raibag Police Station for the offence punishable under Sections 143, 147, 148, 341, 323, 302, 504, 506, 120 -B read with Section 149 of Indian Penal Code, 1860. The petitioners' Counsel submitted before this Court that with regard to the previous motive and ill -will as the deceased Shivappa, was one of the eye -witness to the incident, these petitioners who are the accused in SC No. 104 of 2010 on the file of the Principal Sessions Judge, Belgaum, the complainant and his family members have been falsely implicated these petitioners into the crime. It is also submitted by them that the overt acts alleged against these petitioners does not correspond with the injuries sustained by the deceased Shivappa on looking to the post -mortem report of the deceased. It is also submitted that the complainant Mr. Rakesh who lodged the complaint at the initial stage, later arrayed as A10 in this case. C.W. 7 -Smt. Savitha cannot be styled as an eye -witness to the incident and C.W. 9 who is the sole close relative of the deceased cannot be believed at this stage as an eye -witness.

(2.) IT is also submitted that, considering the surrounding circumstances and the previous ill -will between the family of the deceased and the accused persons, it cannot be over ruled that a false case have been registered against the petitioners. The petitioners have been arrested on 21 -7 -2013 since then they have been lagging in jail and they are ready and willing to offer substantial surety for their appearance before the Court and pray for a direction of this Court for early disposal of the case. Therefore, for these reasons they pray for grant of bail.

(3.) THE learned Additional State Public Prosecutor also contended that another accused by name Shivarai S/o. Halappa Kalle, accused 9 has approached this Court for grant of bail, who also stand on the same footing as that of these two petitioners in Criminal Petition No. 100042 of 2014 and by a considered order this Court has rejected the said bail petition on 17 -1 -2014. He also contended that there is series of murders in the family of the deceased. If the petitioners are released on bail, they would again indulge in committing such type of offences.