SANTOSH SHANKARRAO BADIGER Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No. 3 under Sec. 439 of Crimial P.C. seeking regular bail in Crime No. 50/2016 of Chitaguppa Police Station, registered for the offences punishable under Sections 307, 342, 504, 323, 324 r/w Sec. 34 of IPC.

(2.) The brief factual matrix of the case that emanate from the records are that the petitioners are the residents of Hallikhed village within the jurisdiction of Chitaguppa police station. The complaint came to be lodged by one Revansiddappa s/o Anneppa Hunachgera of Hallikhed stating that his brother Sangamesh had developed illicit intimacy with a lady by name Jaishree w/o Shivakumar Panchal. The accused persons who are close relatives of said Jaishree were not happy with the illegal intimacy between Jaishree and Sangamesh. It is stated that accused namely, Nagaraj and Santosh were waiting for an opportunity. It is particularly stated that on 103.2016 at about 11.30 p.m., Sangamesh (deceased) went to the house of Jaishree and this was seen by the accused persons. In fact, the accused Nagaraj had seen Sangamesh going inside the house of Jaishree and he went to that house and latched the door from outside. Thereafter secured the presence of the other accused persons by name Santosh and also Shantkumar. Thereafter they opened the door of the house and went inside the house. In fact, the deceased Sangamesh hid himself underneath a cot. At that time, the accused persons asked him to come out and in spite of he requesting to leave him, the accused persons have started assaulting him. It is alleged in the complaint that Nagaraj and Santosh have brought kerosene and poured on Sangamesh and lit fire on him. Shantkumar has assaulted the deceased on his cheek. They also made attempts to kill Jaishree, however she escaped from their clutches and went to the house of Gouramma. It is further case of the prosecution that the injured was taken to the hospital and dying declaration of the deceased was recorded and complaint came to be registered against the accused persons.

(3.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.