KHAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.34/2016 of Afzalpur Police Station, Afzalpur, registered for the offences punishable under Sections 143, 147, 148, 504, 302, 307 r/w 149 of IPC.

(2.) Brief facts leading to filing of the complaint are that, the husband of the complainant has contested the Gram Panchayat Election against accused No.2-Ramesh and in the said election the said Ramesh was defeated. In that contest there was ill-will between the two families. In that background, on 24.03.2016 at about 9:15 p.m. when deceased Kallappa and others were near Kanakadas circle where they were building Ambedkar circle and were cleaning the same, at that time accused persons came there and started quarreling by using abusive words and also told that how much amount they have received and who has asked them to do the said work. In that light the accused persons made the deceased by pushing to lay on the ground and at that time accused persons assaulted the deceased with sticks and rod and as a result of the same he sustained bleeding injuries and under the impression that he has died they left the place and immediately the deceased was taken to the hospital and there hospital authorities declared him as dead and a complaint was registered.

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