Criminal Court in Kalaburagi Bench rejected bail petition for accused No.2 charged with murder and other offences, citing prima facie evidence, strong motive from family land dispute, and risk of repeating the crime.
Bail petition rejected dismissing the prayer for regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JUNE, 2016
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.200523/2016
BETWEEN:
Parmanand S/o Hanamant Kumatagi Age: 25 years, Occupation: Agriculture Resident of Sutagundi Village Taluk & District: Vijayapur
… PETITIONER
(Shri Shivanand V. Pattanashetti, Advocate)
AND:
The State of Karnataka Represented by Additional State Public Prosecutor Kalaburagi Bench (Thorough Babaleshwar Police Station District Vijayapur)
… RESPONDENT (Shri P.S. Patil, Government Pleader)
This Criminal Petition is filed under Section 439 of Code of Criminal Procedure, 1973, praying to grant the regular bail to the petitioner in S.C.No.108/2014 (Babaleshwar Police Station District Vijayapura Crime No.02/2014) pending on the file of
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III Additional Sessions Judge at Vijayapura, which is registered for the offences punishable under Sections 143, 147, 148, 302, 307, 120(B), 201 read with 149 of Indian Penal Code, 1860.
This petition coming on for orders this day, the Court made the following:
O R D E R
Heard the learned Counsel for the petitioner and the learned Government Pleader.
There were five accused in all and other accused are in custody. Repeated bail applications of the accused has been rejected by the court below. The facts are, complainant was one Tammanna S/o Basappa Dalwai and was the son of the deceased Rangavva and Basappa. The accused namely the present petitioner and four others Malappa, Paramanand and Mureppa were the sons of Hanamanth Kumatagi. The mother of the deceased Rangavva had no sons. The deceased Rangavva and her sister Bhimavva were the only daughters of their mother Nagavva. Nagavva’s husband married for the second time another woman namely Nagavva of Kalabilagi village and through her, there
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were four sons. The mother of the deceased Rangavva and Bhimavva had given nine acres of land equally to Rangavva and Bhimavva. After the death of the first wife Nagavva, her husband and his four children through his second wife started claiming a share in the land bearing 9 acres. Therefore, Rangavva and Bhimavva had filed a civil suit against Hanamanth and his children and they had succeeded in the trial court as well as the appellate court and even before this court. Therefore, Hanamanth and his four children by the second wife had an axe to grind against the deceased and therefore had followed the deceased Rangavva when they were travelling on the motorcycle with their young grandchildren. The accused who were following them in a jeep had deliberately dashed the jeep into the motorcycle from behind and thereby when Basappa and Rangavva fell to the ground, they were mercilessly beaten up by the accused and Basappa was dragged under the wheel of the jeep and he was crushed to death. Thereafter it is alleged that the accused replaced the jeep with another one to
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make it seem to be a motor vehicle accident. The minor children, however, had escaped being killed, though one of them was seriously injured. It is on the basis of the complaint and after investigation, all the accused have been taken into custody and the eye witnesses were one injured witness who was one of the minor children and an independent witness. Therefore, the court below has opined that in the face of prima facie material to implicate the accused and the strong motive with which they have committed the crime in a gruesome manner, it was not a fit case to consider grant of bail. Further, it could not be ruled out that granting bail would lead to repetition of such acts to vanquish the other family members and therefore has rejected the bail petition and there is justification in the reasoning of the court below.
The petition lacks merit and is accordingly rejected.
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3 issues framed by the court
Whether bail should be granted to an accused involved in a pre-meditated murder case as a family dispute.
Whether the strong motive and gruesome method of commission justify refusal of bail.
Whether the petitioner's chance of granting bail would lead to repetition of the crime.
2 provisions across 2 enactments
Parmanand S/o Hanamant Kumatagi
State of Karnataka
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
