BALANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have been arraigned as accused Nos.1 and 2 in Crime No.63/2015 registered by Koppal Town Police Station, Bengaluru for offences punishable under Sections 109, 120B, 506, 302, 201 r/w Section 149 IPC. They are seeking for being enlarged on bail.

(2.) A case was registered by Railway Police, Gadag in UDR 2/2015 under Section 174 Cr.P.C. on 11.01.2015 at 11.00 p.m. based on an information furnished by a passenger that a dead body of a male aged about 30 years was lying on the track. On 12.01.2015 inquest panchanama was conducted in the presence of the elder brother of the deceased Sri Veerabhadrappa, who stated before the Railway Police that deceased Sri Yellalinga had committed suicide due to depression and there is no suspicion against any person in the death of his brother. On drawing up of inquest panchanama, body was handed over to his brother by the Railway police after conducting of the postmortem which is duly acknowledged by the brother of the deceased on 12.01.2015.

(3.) One Smt.Manjula Julagudda claiming to be the sister of deceased Sri Yellalinga filed a written complaint with the Railway police naming the petitioners and one Hanumesh Naik, alleging that deceased had given interview to the electronic media about the low quality civil works having been carried out in Kanakapura Gram Panchayat alleging thereunder that said civil works was carried out at the instance of Sri Hanumesh Naik, accused No.3 and Sri Balanagouda Goudar accused No.1 who were members of the Panchayat enraged by this act of deceased. Petitioners had come to their house and threatened the deceased of consequences of speaking to electronic media. It was also alleged that accused No.2 had taken her deceased brother to Basrihal Village and after returning he was depressed. She further alleged that deceased had expressed his sorrow and cause for depression before Suma. Since accused No.2 had introduced deceased to some unknown persons and as such, he was scared. On these lines amongst others. Complainant alleged that accused Nos.1 to 3 had murdered her brother and had thrown his dead body on the railway track and as such, requested for action being taken against accused Nos.1 to 3 and such of these persons who may be involved in the said act. Said complaint came to be transferred to Koppal Town police station which came to be registered as Crime No.63/2015 for offences punishable under Sections 34, 201, 302, 149 IPC. Petitioners-1 and 2 were arrested on 19.05.2015 and 16.05.2015 respectively and have been in judicial custody since then. The investigation came to be entrusted to CID Police who have filed charge sheet against petitioners and seven others. Petitioners who have been arraigned as accused Nos.1 and 2 are seeking for being enlarged on bail.