BASALINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by the petitioner -accused No. 1 under Section 439 of Cr.P.C. seeking his release on bail of the alleged offence punishable under Sections 109, 143, 147, 148, 302, 307 read with Section 149 of IPC registered in respondent Police Station Crime No. 65/2014.

(2.) BRIEF facts of the prosecution case are that one Kumar S/o. Panchayya Mathapati of Halalli Village lodged the complaint on 19.03.2014 alleging that he and the deceased were proceeding in motorcycle towards Halalli when they came near Artal Cross, a Cruiser vehicle overtook the motorcycle and stopped at Teslang cross. When the complainant came near the land of one Basu Kali, a green coloured new unnumbered tractor with trailer came from opposite side driven by accused No. 1 with accused No. 2 by his side and accused Nos. 3 and 4 and other in the trailer and dashed to the motorcycle, the complainant and his uncle fell down, at that time, the Cruiser stopped at the spot with its headlights on, other accused in the trailer and the Cruiser got down and instigated accused No. 1 to murder the complainant and his uncle Malakayya and not to spare them. Accused No. 1 drove the tractor over this complainant and deceased, the complainant could escape by hanging to the engine and running in the sugarcane field. Said Malakayya died at spot with several injuries, the complainant took shelter in the night in a hut and next day, informed his father over phone and noon at 1.00 o' clock, complainant lodged the complaint, on the basis of which case has been registered against the petitioner and others for the alleged offence.

(3.) LEARNED counsel for the petitioner has submitted that the entire case of the prosecution rests on the say of the complainant, who claims to be the eyewitness and injured witness. Even according to the complaint averments, there was a civil dispute in the Court in respect of the land property pertaining to the deity. Looking to the number of persons alleged to have been involved and when they alleged to commit the murder of uncle of the complainant, they could have easily finish of the complainant also and there was no hurdle or difficulty. This incident is because of falling on the vehicle on which they were moving and not as narrated by the complainant in the complaint. Learned counsel has further submitted that the conduct of the complainant is to be appreciated that when such incident has taken in his presence, but the averments of the complainant shows that he went to the hut of one person but, the name of the said person is also not mentioned. He took shelter and woke up next day morning and then, after having deliberations and discussions with the members of the family, who are to be arrayed as accused, complaint has been lodged at 1.00 p.m. against the petitioner and others. Hence, it is after thought and deliberated act on the part of the complainant and his family members because of the civil dispute that was going on. Hence, he has submitted that materials will not make out a case that petitioner has committed the offence under Section 302 of IPC. Investigation of the case has been completed and the charge sheet has been filed. Hence, he has submitted that by imposing reasonable conditions petitioner may be enlarged on bail.