RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. for grant of bail in Crime No.113/2018 of Alnavar Police Station for the offences punishable under Sections 363, 364, 302, 342, 201 read with Section 34 of IPC and Section 3(2)(v) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (in Spl. SC/ST No.14/2019 pending on the file of the II Addl. District and Sessions Judge, Dharwad).

(2.) The facts briefly stated in the bail petition are that initially on the basis of the complaint filed by Kumari Vinaya who is the daughter of the deceased, Hirebagewadi Police have registered the case in PS Crime No.142/2018. Thereafter, another FIR was registered in PS Crime No.84/2018 at Dharwad Rural Police Station on the reason that the deceased was kidnapped from Dharwad Bus Stand, subsequently, FIR was registered by Alnavar Police in Crime No.113/2018. After completion of investigation of the said case, the charge sheet was filed by the CPI, Dharwad Rural which is numbered as Spl. SC/ST No.14/2019 for the offences punishable under Sections 363, 364, 402, 201, 342 read with Section 34 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989. The complaint allegations are that accused Nos.1 to 5 abducted/kidnapped the deceased Guruswamy Yadiapur from his house at Alnavar and forcibly got agreement of sale executed in their favour by threatening him. Thereafter, accused Nos.1 to 5 illegally detained the deceased at Bagalkote and Belagavi. On 24.06.2018, the accused persons have committed the murder of the deceased and threw the dead body on the National Highway near Hirebagewadi Badekollamath area with an intention to cause disappearance of the evidence. On the basis of the information given by the police to the complainant about death of her father, Kumari Vinaya filed complaint before Hirebagewadi Police, thereafter, Alnavar Police have taken up investigation on the basis of the FIR registered at PS Crime No.113/2018. During investigation, accused No.1 was arrested on 16.02.2019, since then he is in judicial custody. The bail petition filed before the Sessions Court was rejected.

(3.) Heard the learned counsel for the petitioner/accused No.1 and learned HCGP for the respondent-State, perused the charge sheet and other concerned records available at this stage.