H N ASHRAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the petition filed by accused No.1 under Section 439 of Cr.P.C., seeking his release on bail of the offences punishable under Sections 504 and 302 of I.P.C. and Sections 3(1) of Scheduled Caste/ Scheduled Tribe (Prevention of Atrocities) Act and so also under Sections 3 and 25 of the Indian Arms Act, registered by the respondent-police in Crime No.28/2017.

(2.) Brief facts of the prosecution case as per the complaint averments are that the brother of the deceased lodged a complaint wherein he has stated that he was living with his family in Halasur Village along with his parents and the deceased, who is his younger brother. Around four years back he had availed loan of Rs.4,000/- from one Shobharaj son of late Subbegowda, who is uncle of the petitioner and around 2 years back he had given the said amount to one Bhagyamma to return the same to Shobharaj and subsequently he stopped going to the house of Shobharaj to do coolie work as he had returned the loan amount. Further allegation is that on the night of 23.01.2017 petitioner-accused No.1 came near the house of the complainant and called him out. When the complainant came out of his house, he was questioned by petitioner as to why he had not returned the amount of Rs.4,000/- borrowed from his uncle, for which complainant replied that he had returned the amount. Immediately petitioner caught hold the complainant and started dragging him towards the house of the petitioner- accused No.1, at that time the deceased intervened, in the tussle the deceased questioned the petitioner why he is dragging his brother and stated the petitioner that complainant can come to his house tomorrow. After that, petitioner alleged to have been using filthy language left for his house and returned with a gun and shot on the chest of the deceased when the deceased was standing on the road. Immediately, the complainant and his brother-in-law said to have caught the petitioner took hold of the gun, then the petitioner ran away from the spot. On the basis of the said complaint a case came to be registered for the aforesaid offences.

(3.) I have heard the arguments of the learned Senior Counsel appearing for the petitioner and also the learned HCGP appearing for the respondent-State.