REVANASIDDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C. seeking to enlarge the petitioners on bail in Crime No.300/2018 of Vijayapura Rural Police Station, for the offence under Sections 302, 114, 504, 506 R/w Section 34 IPC.

(2.) It is the case of the prosecution that the complainant one Kasturi W/o Dundappa Dodamani of Hanchanal PH. Village lodged a complaint before the respondent-police on 30.10.2018. She has alleged in her complaint that she is wife of one Dundappa Dodamani of Hanchanal PH village and she has constructed a house at Shikarkhane of Vijayapur and residing with her husband and children. The marriage of complainant's second daughter by name Arati was fixed with petitioner No.1 Babu and complainant's husband was opposing the said marriage. It is further alleged that for this reason, her husband committed the murder of father of accused No.1 Bhimshi with the help of Santosh Chavan. Subsequently both were enlarged on bail and because of this reason, the accused persons were having grudge against the husband of the complainant namely Dundappa. It is further alleged that, on 30.10.2018 in the evening, her husband went to Hanchinal village along with his friend Chandrashekhar S/o Galib Almelkar on motorcycle and at about 8.30 p.m., the said Chandrashekhar came and informed her that near Hanchinal LT four persons came on a motorcycle and car and dashed to motorcycle of Dundappa due to which he fell down on the ground and three persons assaulted Dundappa with chopper due to which he sustained injuries and succumbed to the injuries. On the basis of the said complaint, the respondent-police registered the case against accused No.1 to 4. In the course of investigation, petitioners who are arrayed as accused No.3 and 4 in the case were arrested on 04.11.2018 and since then they are in judicial custody.

(3.) The petitioners have stated that there are no reasonable grounds to believe that they have committed any offence punishable with death or imprisonment for life. There are neither direct nor circumstantial evidence to connect the petitioners with the alleged crime. A false case has been foisted against the petitioners by the complainant on account of their close relationship with accused No.1. The name of the petitioners do not find place in the complaint and they have been robed in without their being any material against them. On perusal of the complaint and charge sheet records more particularly the statement of CW10- Chandrashekhar, it is clear that there are no overt act attributed to the petitioners. As per the statement of CW10, it is clear that only accused No.1 and 2 have indiscriminately assaulted the deceased Dundappa. The only role attributed towards petitioner No.2 instigated accused No.1 and 2 to finish of deceased Dundappa and petitioner No.1 was keeping watch on the public. Now investigation has been completed and charge sheet has been filed. The petitioners are neither required for custodial interrogation nor any investigation. They are permanent residents of Hanchinal village coming from respectable family having movable and immovable properties, would not abscond. If they are granted bail, they undertake not to tamper or influence the witnesses and abide by the conditions which may be imposed by the Court and also to furnish surety.