NINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This bail petition is filed by the petitioners/accused Nos.3 and 4 under Sec. 439 of Cr.P.C. seeking to release them on bail.

(2.) This is successive bail petition filed by the petitioners/accused Nos.3 and 4 on the file of the Court of Sessions Judge, Yadgiri, praying for enlarging them on bail in Crime No.32/2020 (S.C.No.35/2020) of Gogi Police Station for the offences punishable under Ss. 302, 201, 120(B) r/w Sec. 149 of IPC.

(3.) The brief facts of the case are: The complainant is the wife of deceased Nagappa, who is having three brothers viz., petitioner Nos.1 to 3. It is stated that the deceased and petitioner Nos.1 to 3 have purchased agricultural land in Sy.No.88, measuring to the extent of 14 acres 34 guntas in the year 2009, thereafter family partition took place in between them wherein the deceased was given a share to the extent of 03 acres 29 guntas in Sy.No.88/05. Thereafter, the land was allotted to deceased, but the name of petitioner No.1 was continued in the revenue records. Thereafter, KIADB had proposed to acquire the land by fixing a sum of Rs.17,43,030.00 as compensation per acre and petitioner No.1 stated that all brothers shall take equal distribution of the amount by once again repartitioning the properties, which proposal was rejected by the deceased. Inspite of continuous efforts made by the elders and also advice made by petitioner Nos.1 to 3, the deceased stated that his land is acquired by KIADB and therefore, he is alone entitled for compensation amount and he would not give any compensation to any of his brothers.