MOHANCHANDRA V. SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The respondent- Padubidri police have registered a case in Crime No.31/2018 for the offences punishable under Sections 143 , 147 , 148 , 341 , 302 , 149 and 120-B of IPC and it appears that after investigation, they have filed the charge sheet. The petitioner is arraigned as accused No.4 in the charge sheet.

(2.) Heard and perused the records.

(3.) Brief facts of the case are that, accused No.1- Kishan Hegde has borrowed a loan of Rs.2,00,000/- from deceased Naveen D'souza, but failed to repay the said amount. In this context, the deceased was often demanding the money and further, the accused No.1 has suspected that the deceased may commit his murder. In that connection, it is alleged that accused No.1 hatched conspiracy with accused Nos.2 to 5 and in pursuance of the said conspiracy, on 28.02.2018 in the night hours, after coming to know that the deceased had been to Santhoor Village, Gloria Bar, the accused persons also went there and were waiting for the deceased. When the deceased came out along with C.Ws.2 and 3 and was standing near the said bar, the accused persons particularly, accused Nos.1, 2, 4 and 5 have assaulted the deceased with choppers and caused severe injuries.