TAMMANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.PC seeking to enlarge the petitioners on bail in the event of their arrest in Crime No.66/2018 of Kodekal Police Station, for the offences under Sections 143, 147, 148, 302, 201, 120(B), 114 R/w Sec.149 of IPC.

(2.) It is the case of the prosecution that one Siddamma W/o Ninganna filed a complaint before the respondent-police on 06.04.2018. She has alleged in her complaint that her father Tammanna has got two wives namely Sridevi and Parmawwa. Sridevi has got two sons namely Somanath and Gurappa and one daughter i.e. complainant herself. The said Somanath died about 15-20 years back and after his death, the complainant and deceased Gurappa were residing with their aunt at Ningpur village. On 15.03.2015, the complainant's father Tammanna had been to Ningpur village and requested Basappa and his wife that he will take back his children namely the complainant and Gurappa and accordingly he took them back to village Kakkera. Deceased Gurappa used to graze the sheep's at Kakkera village. On 24.03.2015, the deceased Gurappa had been to land for grazing the sheep's and he did not return-back, the complainant and her family members searched for the deceased Gurappa, but they could not trace out him. Thereafter, the marriage of complainant was performed and she went to the house of her husband situated in Sindagi Taluka. Thereafter, the complainant and her husband had been to Bangalore for their livelihood. Whenever she used to visit Kakkera, she use to enquire about brother Gurappa with local persons. The complainant came to know from the village people that her brother Gurappa was murdered. On 06.04.2018 she came to know from her relatives namely CW-8 Nandappa, CW-9 Mallappa and CW-10 Durgappa, that her brother Gurappa was murdered by her relatives namely accused No.1 to 12 and also accused No.13 Neelappa JCB Driver is involved in his murder. She has stated that the said witnesses disclosed to her that on 24.03.2015 at about 8.00 PM, they were going to their land for diverting the water supply to their land, at that time they noticed the accused persons No.1 to 12 administering the alochol to Gurappa near Jannamman Garden land forcibly and saying that to avoid his share in the property they have to finish Gurappa. After 10-15 minutes later, the accused No.1 instigated the accused No.2, 5, 6 and 9 to take away the said Gurappa towards hillock and commit his murder and accordingly the accused Nos.2, 5, 6 and 9 took the deceased towards hillock and pushed him to the rock, due to which Gurappa sustained head injuries and died later. The body of Gurappa was buried in a small river situated by the side of the land of accused No.1 and after lapse of one year, the accused No.2, 5, 6 and 9 with the help of one JCB Driver removed the body of the deceased and thrown in the river water and till today body of the deceased Gurappa is not traced. On the basis of the said complaint, respondent-police registered the above case against accused No.1 to 13 and after completing investigation have filed the charge sheet and the case is registered in C.C.No.582/2018.

(3.) The petitioners who are arrayed as accused No.1, 3, 4, 7, 8, 10, 11 and 12 have stated that the allegations made against them are false and baseless, they are innocent and they have been falsely involved in the case with a malafide intention. There is a delay of more than 3 years in filing the complaint. There is no reason or explanation regarding non filing of the complaint before the concerned police by the alleged eye witnesses CW8 to CW10. It is the case of the prosecution that CW8 to CW10 have witnessed the alleged incident on 24.03.2015 at 9.00 p.m., but no complaint was filed by them. Their statements were recorded on 07.04.2018 which appears to be sketchy, artificial and concocted are not believable. There are no material on record to connect the accused-petitioners to the alleged offence. There is no material on record that the accused Nos.1, 3, 4, 7, 8, 10, 11 and 12 administered the alcohol to deceased Gurappa and then accused No.1 instigated the accused No.2, 5, 6 and 9 to commit the murder of the deceased Gurappa. Accused No.2, 5, 6 and 9 are released on bail by the Sessions Judge, Yadagiri in Criminal Misc.No.800/2018 dated 27.12.2018. Accused No.7 and 8 are old aged persons, accused No.4, 10 and 11 are women and old aged persons. There are no reasonable grounds for believing that the petitioners have committed any non bailable offence punishable with death or imprisonment for life. The petitioners have got an apprehension of their arrest by the respondent-police in the above case. The accused-petitioners are respectable persons in the society and owns movable and immovable property within jurisdiction of the Court and ready to furnish surety to the satisfaction of the Court and also ready to abide by the conditions, if any imposed by the Court.