Bheemappa, Chandrappa and Mapanna vs The State of Karnataka

Huluvadi G. Ramesh, J.—These two petitions have been filed for grant of regular bail in connection with Crime No. 74/2013 of Yedrami Police Station, Tq. Jewargi, Dist: Gulbarga, for the offence punishable u/s 302 of IPC and 3(1)(x) of SC and ST (Prevention of Atrocities) Act, 1989. Heard the learned counsel for the petitioners and the learned Government Pleader.

The complainant is the wife of the deceased Madivalappa. It is alleged that on 17.4.2013 around 8.30 p.m. in the night Mallappa Hosamani, Guru @ Gurunath Badiger and other accused being members of unlawful assembly, conspired and through Mallanagouda Lakhanapur secured the deceased Madivallapa near Sathkhed Cross and near the land of one Sharanappa Natikar, armed with deadly weapons assaulted the deceased due to previous enmity and done him to death. PW. 9 and PW. 10 are said to be eyewitnesses to the incident and also during investigation they are said to have seized some size stones and blood stained clothes and also blood stained clubs. It is alleged against one Mallappa that he assaulted from talwar having an iron handle and also seized one motorcycle, one club from Gurunath Badiger and also from accused Subhash Bhutali one Bamboo club was recovered in connection with a previous quarrel, the incident is said to have taken place. One Mallanagouda Lakhanapur called over phone to the deceased who was in the house having his food and when the mother of the deceased took the phone, he asked her to send the deceased Madivalappa near Sathkhed cross. The deceased went on his motorcycle to Sathkhed Cross and thereafter, it was learnt that Madivalappa was done to death by one Sharanappa Channappa Natikar.

According to the learned counsel for the petitioners, except against one person alleging that he assaulted from the talwar no other accused has been implicated with the overt act of causing death of the injured Madivalappa. He also submitted that the petitioners are innocent of the alleged incident and they are youngsters in the age group of 19-25 years and if they are kept behind the bars, hardship will be caused to them and there are no eye witnesses to the incident. Out of political vengeance petitioners have been falsely implicated in this case. Accordingly, he has sought for grant of bail.

According to the learned Government Pleader, CW-9 and CW-10 are the eye witnesses to the incident. There is overt act attributed against the accused and submitted that one Mallappa Hosamani having brought a talwar on his motorcycle, Gurunath brought a club and, Subhash Bhutali held a club and Bhimappa Bhutali came with a knife and Chandrappa Bhutali, Subhash Bhutali came holding a stone and attacked on Madivalappa Badiger and when he tried to escape near the bush at that time, Mallappa Hosamani assaulted Madivalappa Badiger on his neck from the talwar as such, Madivalappa fell down in the bush of thorn and all the accused assaulted from knife, clubs and stone and went away from the place on the motorcycle.

It is the submission of the learned counsel for the petitioners that the overt act attributed is against Mallappa Hosamani. The overt acts alleged as against these petitioners is not on the vital part. It is submitted that both accused and deceased belong to the same caste. Accordingly, he has sought for grant of bail.

It appears that the bail application of Mallappa Hosmani has been rejected. The petitioner in criminal petition No. 15967/2013, Subhash S/o Sanna Siddappa is said to have assaulted from the club on the deceased. The petitioners in criminal petition No. 15966/2013, i.e., Bheemappa is said to have assaulted from the knife on the deceased, Chandrappa with club and Mapanna from the stone. It is seen the incident has taken place due to previous enmity between the parties. The deceased was secured at a distance place and there he was done to death by assaulting from talwar, clubs, stones and knifes, stone etc. Having regard to the overt act attributed, at the most petitioners can press for early trial, if so advised. If there is no progress at the trial, after six months the petitioners can move for bail.

Accordingly, petitions are disposed of.