Criminal

Petition

No.100444/2022

is

filed

by

accused Nos.2 to 4 under Section 439 of Cr.P.C. and

Crl.P.No.100453/2022 is filed by accused Nos.5 and 6

under Section 438 of Cr.P.C.

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Both the petitions are filed seeking for bail/

anticipatory bail in Crime No.157/2021 of Hunagunda

Police Station registered for the offences punishable

under Sections 143,147,148,341, 323, 324,307,504, 302

and 34 of IPC.

The case of the prosecution is that one

Basavaraj

S/o.

Sanganabasappa

Mannapur,

R/o.

Hunagund has filed the complaint on 30.09.2021 against

the petitioners and some others. It is stated in the

complaint that the complainant resides with his wife

Laxmibai and two sons by name (1)Yuvaraj, age 31

years, (2) Punitkumar, age 28 years and they were doing

agriculture. The complainant and his family members

had resided at Belawalakoppa village of Badami taluk for

a period of 30 years and since 1 ½ years they came to

Hunagund and residing in a rented house. The

complainant had ancestral property of 29 acres and two

houses at Hunagund and said properties were in

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possession of his two younger brothers by name Mallanna

(A-1) and Ashok (A-3). The complainant’s younger

brothers i.e., accused Nos. 2 and 3 and complainant’s

sister Devamma had filed a suit in Hunagund Court

against the complainant in the year 2008 and said suit

was decreed and granted 7 shares in the property inspite

of that the share of complainant was not given. Hence,

the complainant called elders and they got compromised

and then complainant’s brother had given 7 acres of land

to complainant since one year he is cultivating said land.

Three months back complainant’s mother Shivabasavva

died hence complainant asked his share into house

properties and land of 3 acres 12 guntas for that Accused

No.2 and 3 were postponing the allotting of his share

hence again called his elders and elders advised Accused

Nos.2 and 3 to give the share of complainant in spite of

that they had not given share to the complainant.

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4.

It is further stated that on 29.09.2021 at

about 7.00 pm, complainant’s sons by name Yuvaraj and

Punitkumar told the complainant as they will go to their

land at Timmapur road at about 9.45 pm one Prabhu S/o.

Vithal Bidiger came and informed that complainant’s

younger brothers, their in-laws and ladies had assaulted

Yuvaraj and Punitkumar in front of house of accused no.2

Mallanna and injured persons were taken to government

hospital

Hunagund

in

ambulance

on

hearing

this

complaint and his wife had gone to the house of accused

no.2 Mallanna there no body were present, hence they

rushed to government hospital Hunagund, Yuvaraj and

Punitkumar were present on enquiry Yuvaraj told while

they were returning from land on their motor cycle at

about 8.00 pm accused persons wrongfully restrained

their way in order to commit their murder as there is civil

dispute in respect of landed and house properties they

abused them in filthy words. All the accused persons

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including present petitioner had assaulted Punitkumar

with

hands

legs

and

stones

then

accused

No.1

Hanamanth Huded had assaulted Punitkumar with knife

on his stomach due to same he sustained grevious

injuries and he had bleeding and he fell down and he was

not talking. Hence, Yuvaraj tried to pacify the quarrel

then all accused persons and petitioners assaulted him

with hands and stones. Accused No.5 Laxmi had

assaulted him with rod on his head and accused No.1

Hanamantgouda had assaulted Yuvraj with knife on his

back then gathered people pacified the quarrel and sent

them to the Hospital in an ambulance. First aid was

given at Hunagund government Hospital and then they

were shifted to Bagalkot Hospital when they reached

Hospital Punitkumar breathed his last. On the basis of

the said complaint, the case came to be registered in

Crime No.157/2021 in Hunagund Police Station for the

aforesaid offence.

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5.

Accused Nos.2 to 4 came to be arrested on

30.09.2021 and they were remanded to judicial custody.

Accused N