BASAVARAJ S.C Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused under section 439 of Cr.P.C , 1973to release him on bail in Crime No.130/2018 of Banavara Police Station, Arasikere, for the offence punishable under Section 302 of IPC.

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

(3.) The genesis of the case as per the complaint is that on 04.03.2018 at about 5:15 a.m, when the wife of the deceased was in the house, she heard a screaming voice and immediately herself and her sister Kalavathi went and saw her husband has fallen on the ground and was suffering with injuries. Immediately they provided water and he was shifted to J.C Pura hospital and as there were no doctors, he was taken to the Government Hospital, Arasikere and there the doctor examined and declared that already the husband of the complainant had died and on the basis of the complaint, a UDR case No.5/2018 was registered. It is further alleged that during the course of investigation, the Investigating Officer directed the complainant-Head Constable to visit the village and to collect information about the illegal activities and accordingly, he visited the village and collected the information and thereafter, he came to know that death of the deceased was not an accident, but it is a murder. After collecting the details, he came to know that the deceased and the accused-petitioner are full brothers and they were residing adjacent to each other. Deceased was having sole daughter by name Shwetha, who got married to a inter-caste boy. Therefore, the petitioner-accused was insisting the deceased brother to transfer his properties in his son's name and not to give his property to his daughter. In this context, there was a quarrel between the petitioner-accused and the deceased and on the date of the incident, deceased left the house to visit his garden land and on the way, the petitioner-accused took quarrel with the deceased in respect of the property issue and in order to take away the life of the deceased as he is going to transfer the property in the name of his daughter, stabbed with a knife on the abdomen, hand and also fisted him. Thereafter, the petitioner has also screamed shouting that the deceased was attacked by some animals like bear and scratched and on the basis of the said information, a complaint was registered and accused-petitioner was apprehended.