SRI. RANGEGOWDA @ RANGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/ accused under section 439 of Cr.P.C., 1973 to release him on bail in Crime No.33/2017 (SC No.908/2017) of Basavanagudi Police Station for the offence punishable under Section 302 of IPC.

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

(3.) The case of the prosecution in brief is that the complainant and other students were playing cricket behind the Ganesha Temple near Netkallappa Circle. While playing the cricket they noticed a dead body and immediately they informed the same by dialing number 100 to the police. Thereafter, the police came and found that some miscreants has committed the murder of the deceased and a case was registered in Crime No.33/2017. It is the further case of the prosecution that the deceased and accused were the Scrap Pickers and on 6.2.2017 in the after noon near Basavanagudi's Natkallappa Circle they quarreled with each other and at that time the petitioner/accused told the deceased that he will eliminate him. It is further case of the prosecution that CW13 and the deceased were sleeping and at that time at about 10.30 p.m. petitioner/accused came to the spot and by taking a big size stone put it on the head of the deceased and caused grievous injuries and subsequently after noticing the death of the deceased, by covering the bed sheet by putting the stone on his head he went away. On the basis of a complaint, a case was registered and after investigation charge sheet has also been filed.