This petition is filed by the petitioner/accused under Section

439 of the Code of Criminal Procedure, 1973 (hereinafter referred

to as 8Cr.P.C.9 for brevity) for granting bail in Crime No.66/2021 and

charge sheeted for the offence punishable under Sections 448, 341

and 302 of the Indian Penal Code, 1860 (hereinafter referred to as

8IPC9 for brevity).

2.

Heard the arguments of the learned counsel for the

petitioner and the learned High Court Government Pleader for the

respondent/State.

3.

The case of the prosecution is that, one Nagaraj

Jayasheel Shetty, who is the relative of the deceased filed a

complaint before the police on 15.09.2021 alleging that he is

running a tea stall in Lakshminagar main Road, Vadagaon,

Belagavi. His relative Balakrishna was running pan shop and his

native is Kundapur. About two months back, the wife and children

of the deceased went to the native place. On 14.09.2021 at

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12:00noon when the complainant went to the shop of the deceased

for getting the changes(coins), the deceased informed the

complainant that the half an hour before, this petitioner had come

to his shop asking cigarette and gutka. When he(deceased) told

the petitioner to pay all the arrears, the petitioner picked up quarrel

and threatened him by showing the knife and went away and when

the complainant advised the deceased to lodge a complaint, the

deceased refused to lodge any complaint on the fear of the

petitioner troubling him and his family members and thereafter, he

returned to his shop. Subsequently, at 09:20 pm, the deceased

telephoned to the complainant that the accused came to his house

and making bell. Therefore, immediately, he(complainant) rushed

to the house of the deceased where the accused was sitting on a

motorbike in front of the house of the deceased. People had also

gathered there. By advising the accused that family members and

ladies are there in the house, he took him near his canteen and

further the deceased went towards Koragavi road. Again at about

10:15 pm, he received phone call from the daughter of the

deceased namely Nagarathna and asked him to go near the house.

Immediately, he went near the house of the deceased where said

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Balakrishna was found dead in the pool of blood. On seeing him,

Smt. Pushpa Kaamakara, who is the tenant in the house of

Balakrishna, informed him that the person whom he had taken

along with him at 9:30 pm had come again at about 10:05 pm and

went inside by jumping the gate and committed murder of

Balakrishna.

Ambulance

arrived

and

they

confirmed

that

Balakrishna had died. Complaint came to be registered and the

petitioner was taken to custody on 15.09.2021 and he was

remanded to judicial custody. His bail application came to be

rejected. Hence, he is before this Court.

4.

Learned counsel for the petitioner contended that the

petitioner is innocent of the alleged offence. He has been falsely

implicated. Even if admitting the incident that there was quarrel

between the deceased and the accused, but it had occurred in a

spur of moment and therefore, it cannot be considered as culpable

homicide amounting to murder but it falls under culpable homicide

not amounting to murder punishable under Section 304 Part II of

IPC. The petitioner is in custody for almost 9 months. Charge

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sheet is already filed. He is ready to abide any conditions. Hence,

prayed for granting bail.

5.

Per contra, learned High Court Government Pleader

seriously objected the bail petition mainly on the ground that the

offence does not fall under the category of culpable homicide not

amounting to murder but it is a clear case of murder as there was a

quarrel by the petitioner at 12:00 noon and subsequently at

9:20pm, again the accused went near the house of the deceased

for assaulting him but the complainant advise and took him away

and thereafter again at 10:05 am, the petitioner again went inside

the house by jumping the gate and committed the murder.

Therefore, the quarrel and death can