VITHAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.4 under Section 439 of Cr.P.C. for grant of regular bail in connection with SC No.59/2019, pending on the file of 1st Additional District and Sessions Judge, Bagalkot sitting at Jamkhandi (Mahalingapur P.S. Crime No.109/2018) for the offence punishable under Section 302, 201, 203, 120B, 34 of IPC.

(2.) The facts briefly stated are that on the report filed by the PSI, Mahalingapur Police Station, a case was registered at Crime No.109/2018. The said report reveals that on 18.07.2018 there was information about dead body found at Mahalingapur-Belagali road near Bandakannavar land. During the investigation, it is learnt that there was a dispute between the deceased Shivappa and his brother accused No.1-Alagondappa in connection with the partition of the family properties. Therefore, the accused No.1 with an intention to deprive his brother Shivappa of his legitimate share in the family property had developed ill-will and thereafter, accused No.1 in collusion with other accused persons committed the murder of Shivappa.

(3.) On registering the case, the Police had taken up the investigation, the accused No.4 was arrested on 26.07.2018. The bail petition filed before the Sessions Court was rejected.