Dismissed

Basavaraj S/O Shantappa Shetteppanavar v. the State of Karnataka

Karnataka HC18 Nov 2019CRL.P/101652/2019

Case brief

AI extract

What is this about?

High Court dismissed a bail petition under Section 439 Cr.P.C. in a murder and grievous hurting case arising from a land dispute. The Court found a prima facie case despite the petitioner's submission and distinguished a relied-upon precedent due to an eyewitness account corroborating the prosecution's version and evidence of motive.

What did the court decide?

The bail petition stands dismissed; the petitioner is not entitled to bail. Judgment dated 18th November 2019.

Basavaraj S/O Shantappa Shetteppanavar Vs the… — Murder and Culpable Homicide | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF NOVEMBER 2019

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BEFORE

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THE HON’BLE MR.JUSTICE P.G.M. PATIL

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CRL.P.NO.101652/2019

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BETWEEN

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BASAVARAJ S/O SHANTAPPA SHETTEPPANAVAR AGE: 46 YEARS, OCC: AGRICULTURE, R/O: KALADAGI, TQ: BAGALKOTE, DIST: BAGALKOTE.

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... PETITIONER

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(By SRI. Y R JOGI, ADV.)

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AND

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THE STATE OF KARNATAKA THROUGH KALADAGI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, S.P.P. OFFICE, DHARWAD BENCH.

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... RESPONDENT

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(By SMT. SEEMA SHIVA NAIK, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO PASS AN ORDER, GRANTING BAIL IN FAVOUR OF THE PETITIONER/ACCUSED NO.1 AND DIRECTING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN KALADAGI P.S. CRIME NO.33/2018, FOR

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THE OFFENCES P/U/S 506, 341, 302, 307, 504, 326 R/W SEC. 34 OF IPC, ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & CJM COURT, BAGALKOT, COMMITTED S.C.NO.9/2019 ON THE FILE OF THE II-ADDL. DIST. & SESSIONS JUDGE, BAGALKOT CRL.MISC.NO.523/2018 FILED BY THE PETITIONER FOR BAIL U/S 439 OF CR.P.C. BEFORE THE II-ADDL. DIST. & SESSIONS JUDGE, BAGALKOT, HAS BEEN REJECTED.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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This is a bail petition filed under section 439

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of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No.33/2018 of Kaladagi P.S., now pending on the file of the Principal Senior Civil Judge and CJM, Bagalkote, registered for the offences punishable under Sections 506, 341, 302, 307, 504, 326 read with section 34 of IPC.

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The case of the prosecution in brief is that, the petitioner/Accused No.1 being the step brother of Boravva and accused No.2 were at loggerheads with each other in the matter of land dispute. It is stated that as per the Court order,

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the victim and the deceased and her husband Saidusab had share in R.S.No.113 situated at Kaladagi, where they were tilling the land. The petitioner and his wife the second accused came there and picked up quarrel with the victim and her husband. The petitioner/accused assaulted on the neck, chest and face of the deceased with an axe. When the victim Boravva tried to rescue her husband, the petitioners/accused No.1 and 2 assaulted her and tried to assault her with the axe, when she raised her hands, she sustained grievous injuries on her left hand fingers. The complaint was filed by the brother of the deceased on the basis of which, respondent-Police registered case against the petitioner and accused No.2 for the aforesaid offences. After completing the investigation, respondent-police have filed the charge-sheet.

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The petitioner who is arraigned as

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accused No.1 in the charge sheet has stated that the police have completed the investigation. He is the permanent resident of Kaladagi, having movable and immovable properties. There is no chance of absconding. He is the only bread earner in the family.

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Heard the learned counsel for the petitioner and the learned High Court Government Pleader.

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The learned counsel for the petitioner submitted that the allegations in the complaint that the petitioner assaulted the deceased on the back of the neck with an axe does not tally with the injuries on the deceased as mentioned in the postmortem report. Learned counsel further submitted that accused No.2, who is the wife of the petitioner has been already enlarged on bail. Since charge-sheet is already filed, learned

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counsel submitted that the petitioner may be enlarged on bail subject to imposing necessary conditions. Learned counsel in support of the submissions has relied on the order passed by this Court in the case of Mallappa and Others Vs. State of Karnataka reported in AIRKARR 2018 1 366 .

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Per contra learned HCGP submitted that CW-6 is the wife of the deceased and she is step sister of the petitioner and she is the eyewitness for the alleged incident and she is also the victim for the offence under Section 307 of IPC. Learned HCGP further submitted that the injuries mentioned in the postmortem report fully supports the case of the prosecution and that the FSL report goes to show the presence of blood stains on axe and also blood stained clothes of the accused which were recovered from the accused. The motive is also made out in the case.

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It is not disputed that CW6 Boravva is

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the step sister of the petitioner and that there were several disputes between CW6 and her husband against the petitioner in respect of the land bearing R.S.No.113 and that the said dispute was finally decided in favour of the deceased and CW-6 Boravva. It is also stated that as per the said judgment when the deceased and CW-6 Boravva had been to the land in dispute, the petitioner and his wife came to the land and picked up quarrel with both of them. It is stated by the complainant-the brother of the deceased that the accused No.1 namely petitioner assaulted on the back of the neck, chest and face of the deceased with axe and deceased succumbed to the injuries on the spot itself. The statement and further statement of CW-6 Boravva goes to show that herself and her husband had been to the land

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in dispute on the date of incident and the

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petitioner and his wife came to the land and picked up the quarrel with herself and her husband. She has clearly stated that the

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petitioner assaulted on the back of the neck of the deceased with axe in her presence and when she tried to rescue her husband, the accused tried to assault her with the axe and when she raised her hands she sustained grievous injuries on the fingers of the hand. The submission made by the learned counsel for the petitioner that the injuries mentioned in the postmortem report, does not tally with the statement made by CW-6 Boravva, cannot be accepted. Injuries mentioned in the P.M. report corresponds with the statement made and to the cause of death of the deceased. The FSL report goes to show the presence of human blood stains on the axe and blood stains on the clothes of the petitioner. The motive is also made out for the commission of the alleged offences that

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is the dispute involved between them over the land.

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Under these circumstances, this Court is of the opinion that there is prima facie case against the petitioner for the alleged offences under Sections 506, 341, 302, 307, 504 and 326 read with Section 34 of IPC and as such he is not entitled for bail. The judgment relied on by the learned counsel for the petitioner cannot be applied in the present case in view of the clear statement of CW-6 Boravva who has stated in clear terms about the presence of the accused/petitioner in the commission of the

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alleged offences. Accordingly the bail petition stands dismissed.

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KGK

Basavaraj S/O Shantappa Shetteppanavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Basavaraj S/O Shantappa Shetteppanavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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