The main legal point established in the judgment is the presumption of innocence, the general rule of granting bail, and the importance of imposing stringent conditions to address concerns raised by the prosecution.

JUDGMENT

Shivashankar Amarannavar, J. - This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking bail in Crime No.181/2019 of Kudligi Police Station registered for the offence punishable under Sections 302 r/w Section 34 of IPC.

2. The case of the prosecution is that one Babayya lodged a complaint on 21.11.2019 alleging that complainant is working as a Tractor Driver and residing along with his father deceased Hanumanthappa and mother Huligemma and his wife. The Parents of the complainant are agriculturist and they have got 4 acres of agriculture land. They had grown maize crop in the said land. The complainant had sold the maize crop to one Ganganna resident of Badri village for Rs.20,000/- and he has received the said amount on 20.11.2019 at 3 p.m. and he had kept the said amount in his house in Godrej lock and had gone to tractor work to the stone quarry. The father of the complainant called him on mobile and asked him to give said money. Thereafter, he immediately returned back to his house and asked his father to return back the money and in this regard there was quarrel between them, in spite of it, his father took away the said amount and went away. Accused No.1 who is the neighbor came to know about the said quarrel. When the complainant returned back to the house at 9 p.m. and he came to know through his wife and mother that his father has gone to paddy field at 8 p.m. along with money in his pocket in order to watch the paddy filed. On 21.11.2019 at 6 a.m. in the morning, one Basappa who is the adjacent land owner came and informed him that his father was crying during the night and asked him whether his father was keeping well or not. Immediately, the complainant and his father-in-law Channappa went to the land and witnessed that his father had sustained head and nose injury and there was bleeding form the ear. Immediately complainant and his father-in-law took him on the motor cycle to Kudligi Hospital for treatment and one Siddesh, who is the cousin brother also accompanied in another motorcycle. The complainant repeatedly asked his father who has assaulted him and his father said to have told that it was Venkatesh i.e accused No.1. When the complainant asked his father, whether it was neighbor Venkatesh, who is the son of Anjinamma, for which his father nodded his head. Thereafter, they took his father to Government Hospital, Kudligi. Police came to the hospital for enquiry, at that time, his father was unconscious and not able to speak. Complainant told the Police that he will later come to the Police station. The complainant took his father to VIMS Hosptial, Ballari for treatment and when they were on the way to Ballari his father succumbed to the injuries. On the basis of the complaint, Police have registered the case in Crime No.11/2019 for the offence punishable under Section 302 r/w 34 of IPC. Petitioner-accused No.1 has been arrested and based on voluntary statement of accused No.1, accused Nos.2 and 3 are also arrested on 22.01.2019. Bail application filed by accused Nos.2 and 3 was allowed and bail application filed by Petitioner-accused No.1 was rejected by I Addl. District and Sessions Judge, Ballari. Hence, petitioner/accused No.1 is before this Court seeking bail.

3. Heard the learned counsel for the petitioner-accused No.1 and learned HCGP for respondent-State.

4. It is the submission of the learned counsel for the petitioner-accused No.1 that the case of the prosecution is based on circumstantial evidence and there are no eye witnesses to the incident. It is his further submission that the oral dying declaration made before the CW.1, CW.15 and CW.16 cannot be believed since injured has sustained severe injuries on his head and neck and he was unconscious when he was taken to hospital. It is his further submission that CW.19 and 25 have last seen accused Nos.1 to 3 going towards land of deceased. Accused Nos.2 and 3 who are similarly placed with that of accused No.1,