RAJENDRA ISHWARAPPA GABBANNAVAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.100845/2019 has been filed by the petitioners/accused Nos.6 and 8 under Sec. 439 Crimial P.C. and Criminal Petition No.100865/2019 has been filed by the petitioner/accused No.7 under Sec. 438 Crimial P.C. seeking to release them on regular bail and anticipatory bail respectively in Crime No.306/2018 (C.C.No.229/2019), of Hubballi Rural Police Station, for the offences punishable under Sections 143, 147, 148, 324, 307, 302, 120(b), 201 R/w. Sec. 149 of the IPC.

(2.) I have heard the learned counsel for the petitioners and the learned HCGP for the respondent- State.

(3.) The gist of the complaint is that, on 23.11.2018 at about 8.00 pm, the brother of the complainant came to his poultry farm which is besides Aralikatti road and went back to his house at Chabbi at about 10.00 pm and at that time, the complainant was in the poultry farm. On 24.11.2018 at about 12.30 a.m. when the complainant was in his Poultry form one Mailari Basappa Madiwaler called him over mobile and informed that when he was at Chabbi village the brother of complainant Basavaraj called the Mailari over mobile and instructed to come to his house to go to Yatri Hotel for dinner. When the said Mailari came to his house at that time, Jagadish Basavaneppa Pashapur also came there and all of the three persons went on motorcycle No.KA-25/EU-3511 to Yatri Hotel. After taking the dinner, all the three persons were returning back to Chabbi village on the said motorcycle. When they were near Agadi cross, a Tata Sumo vehicle came from Haveri side and dashed to the motorcycle and all the three persons fell down at a different distances and at that time 4-5 persons in the said Tata sumo vehicle got down with the deadly weapons and assaulted Basavaraj and at that time one assailants went towards the complainant and assaulted him but the complainant ran away in the fields in the darkness. After departure of Tata Sumo vehicle the complainant came to the spot and found that the said Basavaraj has sustained injuries to the neck, forearm and also to left little finger and was already dead and one Jagadish was also injured. Immediately the said Mailri called 108 ambulance and took the injured and dead body of Basavaraj to Sucharaya Hospital, Hubballi. He further stated that he is in a position to identify the five persons who are the assailants. On the basis of the said complaint a case has been registered.