ARUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions have been filed under Section 439, Cr. P.C. seeking bail having been arrested for the offences punishable under Sections 143, 144, 147, 148 and 302 read with Section 149 of IPC by Byatarayanapura Police, Bangalore City.

(2.) The facts relevant for the purpose of this petition are as under ; One Sri G. Venkatesh, brother of deceased G. Chandrashekhar alias Sable Chandru, filed complaint to the Police for the above said offences. His deceased brother G, Chandrashekhar, aged about 34 years, had a cable office in Bapnjinagar 3rd Main. On 27- 6-2008 in the night, there was birthday celebration of the son of the complainant and hence, his relatives, including deceased G. Chandrashekhar and the employee of the deceased by name Praveen. had come to his house. At about 11.45 p.m. the deceased and Praveen went outside the house and suddenly, the complainant heard the cries and shouting and immediately went out and saw that the deceased G. Chandrashekhar was surrounded by five persons. Amongst them, two persons assaulted on the deceased with a long and thus the deceased fell down, another two persons hit on the head of the deceased with stones and one more was standing nearby. As the said accused threatened the complainant and others by showing long, they were not in a position to intervene to protect the deceased. After the incident, the said three persons went on the motorcycle; and two persons ran away. The deceased had died on the spot and his brain was exposed. The complainant was not able to know the cause for the murder of the deceased at the hands of the assailants and by giving the description of the accused, filed the complaint stating that amongst the five persons, he named accused Nos. 1 & 2 who caused assault with the longs. He has also stated that he would identify the accused, in case if they are shown. He filed the complaint on these facts, which came to be registered in Crime No. 280/2008 by Byatarayanapura Police for the above said offences. During the course of the investigation the petitioners have been arrested.

(3.) The petitioners submit that they are innocent they have not committed any crime and they have been falsely implicated by the Police, It is also their submission that their names do not appear in the complaint and there are no overt acts attributed against them and they are ready and willing to abide by any conditions that may be imposed for their release on bail. On these grounds, they have sought for grant of bail.