RACHANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent.

(2.) The petitioner is before this Court for the third time. The petitioner is arrayed as accused No.3 before the Court below. Earlier the petitioner had approached this Court seeking anticipatory bail, which was rejected with liberty to the petitioner to approach the Court below. The petitioner having approached the Court below for bail, the same has been rejected. Subsequently, yet another petition was filed before this Court which was rejected on the footing that the petitioner was found to have used a stick in attacking the deceased. The petitioner is before this Court for the third time on the footing that other accused against whom there were direct allegations of overt acts, have been enlarged on bail whereas the petitioner's case has been put on a different footing and therefore seeks bail on a parity of reasoning.

(3.) The facts of the case are as follows: That one Karibasappa the elder brother of the complainant was said to be mentally unstable and he was wandering hither and thither. It transpires that on 13.09.2014 he had left home and he had not returned. On 14.09.2014 the complainant had heard that a thief had been caught in the land of accused No.1 Prakash in Suntanoor village and that he had been beaten to death. It is on the suspicion that the deceased may be his brother, the complainant had visited the Government General Hospital, Gulbarga and had identified the deceased as his own brother and he had later learnt that Karibasappa was suspected of attempting to steal property and had been assaulted by accused Nos.1 to 4 and it is on this information he had lodged a complaint against the accused.