Rudrappa vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by sole accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for

brevity) seeking bail in Crime No.132/2020 of Hansabhavi Police Station, registered for the offences punishable under Section 302, 201, 504 and 506

of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

It is the case of the prosecution that one Lohit S/o: Basavaneppa Idarmani has filed the complaint on 21.12.2020 stating that he is resident of

Kunchur village in Rattihalli Taluk and the petitioner-accused is his uncle. It is further stated that accused has a wife by name Gangamma and he has

two sons by name Kumar (deceased) and Basavaraj and all were doing agriculture work in Kunchur village. It is further stated that elder son of

petitioner by name Kumar used to consume alcohol and quarrel with his father and mother regularly. It is further stated that on 20.12.2020, the

deceased Kumar came to the complainant's land for coolie work and worked there till afternoon and took Rs.200/- from him and went away. On

21.12.2020, after hearing from the villagers that Kumar has been murdered by someone and thrown his body in the land of one Ningappa Basappa

Hulige. He immediately went to the house of Kumar and asked about the incident to his mother and she told that on the previous day at 10.00 p.m.,

her younger son Basavaraj went to the land and at about 10.30 p.m., Kumar came to the house and started quarreling with his father. At that time, his

father scolded him and assaulted him with iron rod kept in home and due to the same Kumar succumbed to death. Thereafter, her husband asked

gunny bags to put the dead body into it to dispose of the body and also asked her to come along with him to dispose of the dead body and she objected

and therefore he scolded her in filthy language and threatened to kill her and therefore she went and thrown the body in the land of Ningappa Basappa

Hulige. After returning home, the petitioner threatened her not to tell the incident to his younger son Basavaraj. It is further stated that at about 3.00

a.m. in the morning her son Basavaraj came to home and she did not informed him about the incident. In the morning when her son Basavaraj came to

know about the body from the villagers, he asked and thereafter informed about the incident. Hence, after collecting the information from aunt

Gangamma, the complainant has lodged the present complaint, which came to be registered in crime No.132/2020 for the offence punishable under

Sections 302, 201, 504 and 506 of IPC. The petitioner came to be arrested on 21.12.2020. The petitioner filed S.C.No.33/2021, seeking bail and the

same came to be rejected by the II Addl. District and Sessions Judge, Haveri, (sitting at Ranebennur), by order dated 02.06.2021. Therefore, the

petitioner is before this Court seeking bail.

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.

Learned counsel for the petitioner contend that the petitioner is innocent, has not committed any offence as alleged and he has been falsely

implicated in this case. He further contends that the petitioner is aged 60 years and there was no intention to commit the murder of his son and the

alleged incident might have occurred in a grave and sudden provocation and therefore the offence under section 302 of IPC is not attracted. The

charge sheet has been filed and therefore the petitioner is not required for any custodial interrogation. The petitioner has undertaken to abide by the

conditions to be imposed by this Court. With this, he prayed for allowing the anticipatory bail.

Per contra, learned High Court Government Pleader contended that the offences alleged against the petitioner is a heinous offence punishable with

death or imprisonment for life. The petitioner accused alleged to have assaulted the deceased with iron rod on his head, forehead and caused his death

and tried to vanish the evidence by throwing the dead body in a field by putting it in gunny bag with the help of his wife. The rod, gunny bag and blood

stained cloths have been recovered at the instance of petitioner accused. On perusal of the entire charge sheet material, there is a prima facie case

against the petitioner for the offences alleged. With this, he prayed to dismiss the petition.

Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has

gone through charge sheet papers.

The deceased who is son of petitioner accused was a drunkard and he used to come everyday drunk and he used to quarrel with petitioner accused

and his mother Gangamma. The accusation leveled against the petitioner is that on the date of the incident the deceased Kumar came drunk and he

was under intoxication started quarreling with the petitioner and in that moment the petitioner took the iron rod which was in the house and assaulted

on the head, forehead and caused his death. CW.10-Gangamma, the wife of petitioner is an eye-witness to the incident. The petitioner is aged 60

years and he is senior citizen. There are no criminal antecedents of the petitioner. The petitioner is residing in the address shown in the cause title and

it is not disputed. Therefore, the prayer for bail can be considered. The main objection of the prosecution is that in the event of granting bail, the

petitioner is likely to cause threat to the complainant and other prosecution witnesses. The said objection may be set right by imposing stringent

conditions.

In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for grant of bail

subject to certain terms and conditions. Hence, I pass the following:

ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner-accused shall be released on bail in Crime

No.132/2020 of Hansabhavi Police Station, subject to the following conditions:

i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with one surety for the like sum to the

satisfaction of the jurisdictional Court. Due to COVID-19, the petitioner is permitted to furnish surety within two months. If circumstances arise, the

jurisdictional Court is permitted to extend the period for furnishing surety.

ii) The petitioner shall not indulge in tampering the prosecution witnesses.

iii) The petitioner shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.