DODDESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.5 under Section 439 of Cr.P.C. to release him on bail in Crime No.269/2018 (FIR No.315/2018) of Hubballi Rural Police Station for the offences punishable under Sections 143 , 147 , 148 , 302 , 201 , 504 r/w. Section 149 of IPC.

(2.) The brief facts of the case are that on 28.01.2018, the father of the complainant went to the land of one Sri. Basavanna at about 12:00 noon and he did not return till 8:00 p.m. The complainant along with his friends went in search of his father and there he found the dead body of his father with wounds on head, right leg, lips. Immediately, he filed a complaint on 29.01.2018. The case was registered under UDR No.6/2018. It is the further case of the prosecution that during the course of investigation, on 09.10.2018 one eye witness by name Basavaraj Siddappa Bengi of their village came and disclosed the complainant that when he was passing through the land of Devenagouda, he heard the crime sound from the land of Devenagouda when he went and saw, six accused persons were abusing the deceased stating that you are supporting Yankavva Bengi and Siddram Gorpade and so saying Accused No.1-Shivappa assaulted him with club, accused No.2 was holding a stone and this petitioner- accused No.5 and other accused with hands assaulted him and kicked him and killed him. He thereafter went to the police station on 10.10.2018 and filed a complaint.

(3.) Heard the learned counsel for the petitioner- accused No.5 and the learned HCGP for the respondent- State.