Budihal R.B., J. - (1.) This is a petition filed by the petitioner -accused No. 3 under Sec. 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Sec. 506, 120 -B, 109, 302, 201 r/w Sec. 149 of IPC registered in respondent Police Station Crime No. 63/2015 and now pending in S.C. No. 49/2015 on the file of the Principal District & Sessions Judge, Koppal.
(2.) Brief facts of the prosecution case as per the complaint averments are that, on 11.01.2015 at about 10.10 p.m. a railway passenger informed railway Police, Koppal that a dead body was lying on the railway track. On receipt of such information proceedings u/S 174 of Cr.P.C. were initiated and UDR No. 2/2015 was registered in Gadag Police Station. Requisition was forwarded to the Taluka Executive Magistrate for drawing inquest mahazar proceedings. The proceedings notice is at Annexure -A. The intimation is received as per Annexure -B. During the course of investigation inquest was drawn after securing the presence of the brother of the deceased. Inquest proceedings are as per Annexure -C. Brother of the deceased identified the dead body to be that of his brother Yallalinga. He gave a statement that Yallalinga for some reason must have committed suicide and that he does not suspect anyone and as such any proceedings for investigation would be drawn. Prosecution case also goes to show that later Smt Manjula w/o Mallappa Jalagudda lodged a complaint before the Police on 18.02.2015 alleging that on 11.01.2015 the Gadag Railway Police have registered a case in UDR No. 2/2015 under Sec. 174 of Cr.P.C. in respect of death of Yallalmga s/o Buddappa Agasimani. She was informed by her younger brother that the dead body of Yallalmga was found on the railway track. She further alleged in the complaint that as she received the information about the death of Yallalmga little late, she came to the said place lately. In the meanwhile one Gudadappa son of Holeyappa Booth, resident of Kanakapur and Ashok Aadappa resident of Huli Haider brought fire woods and in the presence of the family members of the complainant set fire to the dead body of the deceased without giving any sort of suspicion. When the complainant enquired about the same, she came to know that, some days ago the deceased called the media people (Suvarna Sin) and gave interview about the illegal activities of Hanumesh Naik (a rowdy sheeter), resident of Huli Haider and Balanagouda Gyananagouda Goudar. Thereafter on 09.01.2015 in the afternoon one Parashuram Nerasappa Uggi and Balanagouda Gyananagouda Goudar came to the house of the complainant and threatened the brother of the complainant saying that, he (deceased) spoken against Hanumesh Naik (rowdy sheeter). He also questioned that, what he knows about him, what he can do to him and he would have to face the consequences about the same. On 9/10.01.2015 Parashuram son of Nerasappa Uggi took brother of the complainant to Basirihal village. After coming from the said village brother of the complainant, i.e., the deceased, slept in the house weeping without talking to anybody. Deceased told before one Suma, daughter of Balanagouda Agasimundin, cousin sister of the deceased, that Parashuram Uggi took him two days back to Basirihal village and introduced him to some unknown boys. After that incident he is having apprehension that they will cause something. [Complainant came to know this fact from the said Suma few days after the death of Yallalinga]. Thereafter the deceased went to Gadag saying that his friend called him and he will come back within 2 -3 days. As the deceased did not return, one Mudiyappa telephoned Yallalmga (deceased) over mobile phone. Yallalmga told that he is at Gangavathi and he will come. One hour thereafter, i.e., on 11.01.2015 between 4 p.m. and 7 p.m., brother of the complainant, i.e., Yallalmga (deceased), telephoned Kanakagiri P.S.I, Maruti Doddanagouda, Veeresh Saloni, Durgappa Madenahalli, Vinaya Kanakagin and also Police emergency (toll free number) "100" and informed them that, four persons are following him and he is in emergent need of protection. On that fateful day Yallalinga did not come home even after night. Then, Veerabhadrappa, brother of the complainant, Mudiyappa, brother -in -law of the complainant and village people searched for Yallalmga. Thereafter all of them came to know that a dead body was found on the railway track, they went and saw the dead body and came to know that the dead body is of Yallalmga. At the time of inquest mahazar proceedings the Police have asked about the Yallalmga and asked to give complaint. Complaint was given in hand writing stating that there is no suspicion on anybody. At 9 p.m. postmortem of the dead body was conducted at District Hospital, Koppal. The complainant received the clothes and mobile phone of the deceased from the Railway Police. The complainant Manjula Jalagudda came to know all these facts from her younger brother Veerabhadrappa. When she asked her brother why he refused to give complaint, he replied that because of fear and non co -operation from the villagers he has not lodged any complaint. It is also mentioned in the complaint that on 11.01.2015 during night in between 7 and 10 p.m. her brother was murdered at some other place, then his body was brought and thrown on the railway tracks in order to screen the evidence. Yallalinga (deceased) left a death note wherein he has mentioned names of two persons. He requested through his mobile number 8151996408 many persons to give him protection saying that there is threat to his life from Hanumesh Naik resident of Huli Haider. Hence, it is presumed that her brother (deceased) was murdered somewhere and body was brought and put on the railway lines. On the date of the incident and even on the day of giving complaint, mother of the complainant was not feeling well, so it was not possible for her to come to the Police Station. She also stated that because of the non co -operation from the villagers there was some delay in lodging the complaint. Hence, she requested to take action against three persons and also other persons who helped the accused, in accordance with law.
(3.) On the basis of the said complaint FIR was registered in Gadag Railway Police Station Crime No. 5/2015 against the accused persons for the offences punishable u/S 506, 120 -B, 109, 201, 302 r/w Sec. 34 of IPC. The petitioner in this petition is shown as accused No. 3.;