SHIVAJI Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned High Court Government Pleader for the respondent State and perused the records.

(2.) The petitioner is arraigned as accused No.1 in the charge sheet filed by the respondent Police in CC No.25857/2018 (Crime No.188/2018 of Mahalakshmipuram Police Station, Bengaluru City) for the offences punishable under Sections 143 , 147 , 148 , 302 and 120B read with Section 149 of IPC.

(3.) The brief facts of the prosecution case are that: On 17.06.2018, the deceased Manikanta @ Doddakatu went out of the house to play cricket along with his friends and at that time, the accused No.1 and others also joined for playing cricket. While playing, quarrel arose between A1 and Manikanta (deceased) and also Puneeth and others and there was some quarrel and mutual assaults also between the parties. In fact, Manikanta has assaulted A1 Shivaji and in fact, the friend of the deceased by name Ajay also assaulted this petitioner with a cricket bat. Thereafter, the accused No.1 threatening the deceased and others went away from the said spot. Subsequently, on the same day, in the evening at about 6.00 p.m., when the said Manikanta and his friend Ajay were in the area situated at 5th B Cross, 15th Main, JC Nagar, Kurubarahalli, Bengaluru, they saw the accused persons coming holding deadly weapons like long, Machu and assaulted Manikanta near big gutter. After seeing them, the deceased as well as his friend Ajay thought that accused persons were coming to that particular spot for the purpose of assaulting them. The accused persons came there and particularly A1 has removed a long and assaulted on the head of the deceased and also on the nose. The other accused persons Punith who was also holding a long assaulted the deceased Manikanta on the neck and other persons also assaulted on the other parts of the body. Due to which, the deceased died at the spot itself. The police have investigated the matter and submitted the charge sheet.