P BALAKRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439, Code Criminal Procedure requesting for grant of bail having been arrested for the offence under Sections 143, 147, 148, 307, 302 read with 149, Indian Penal Code.

(2.) The facts relevant for the purpose of this petition are as under:

(3.) Later, Mr. Mohan Kumar CW.2 paid the amount of Rs. 10,000-00 and after staying in the house of the complainant for some time, returned back and at about 11.45 p.m., he came scared and running to the house of the complainant and told that the Accused Nos.1 to 6 caused the assault on the deceased Subramani and Mune Gowda with the chopper, knife, long and clubs and when he saw the incident, one of the accused noticed Mr. Mohan Kumar and chased him to cause the assault. CW.12 also told that while he was running towards the house, he sustained injury due to the assault by a long by one of the accused and that he escaped from them. Immediately, the complainant and CW. 12 Mohan Kumar went to the place and saw the accused running away from the spot. The head portion of the deceased Mune Gowda was completely cut and Subramani had sustained severe injuries on the face, chest, neck etc. He was shifted in the vehicle to Government Hospital and later, he died at about 1.30 a.m. in the night.