MANOJ KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.13 under Section 439 of Cr.P.C. to release him on bail in Crime No.176/2020 of Kumbalagudu Police Station for the offence punishable under Sections 143 , 147 , 148 , 427 , 302 , 307 read with Section 149 of IPC.

(2.) I have heard Sri Ram Singh K., learned counsel for petitioner/accused No.13 virtually and Sri Mahesh Shetty, learned HCGP for the respondent - State.

(3.) The gist of the case of the prosecution in brief is that the alleged incident has taken place on 31.07.2020. Complainant Sumanth Gowda to attend his personal work had visited Anekal in his Hundai Verna Car bearing registration No.KA51 MC.6426. At about 3.00 p.m. near Anekal Circle, the deceased Sunil Kumar met him and took him to his village Bestamanahalli and stayed for 15 minutes in the house of Sunil Kumar. Thereafter, they were returning back to Anekal, at about 5.00 p.m., the deceased Sunil Kumar asked him to drop at Mysore Road. Then both of them moved towards Mysore Road, on the way he has noticed one Devaraj and Raghu who were passing in their two wheeler. On seeing them, the deceased Sunil Kumar asked the complainant to stop the car and they met and had talked each other at Karpur gate. Thereafter, complainant and Sunil Kumar proceeded towards Mysore Road, when they reached Mysore Road, the deceased Sunil Kumar in order to take parcel of meals asked complainant to stop the car in front of Kadamba Hotel on Mysore Road. Accordingly, the complainant had stopped the car. The deceased Sunil Kumar went to hotel and ordered parcel of meals and returned back near the car and was sitting inside the car. The complainant also went near tea-coffee counter located in a passage. At about 7.40 p.m. when the complainant turned towards his car found Manoj Kumar (accused No.1) of Anekal and two to three others who were holding long choppers, and dragger in their hands and have broken car window glass and tried to attack Sunil Kumar with deadly weapons who was sitting in side the car. At that time Sunil Kumar to save his life had tried to take the car in a reverse direction in order to escape and even at that time accused No.1 and others started hitting the deceased and the vehicle. When the complainant went to rescue said Sunil Kumar, the said persons also tried to assault him. Due to fear, the complainant went towards hotel. Further, the deceased in order to escape from their clutches, again took reverse direction of his car towards Bangalore-Mysore Road. At that time, on Innova Car came from Bangalore side, two to three persons got down from the said Innova car and all jointed together, broken car glass and assaulted Sunil Kumar with long on his face, head and on the entire body and caused serious injuries. When the complainant again went to rescue Sunil Kumar, one person assaulted him with long chopper on his back, both hands and caused injuries. Due to fear, the complainant went towards hotel. Thereafter, the said persons dragged the injured Sunil Kumar from the car, again assaulted with long and dragger and thereby committed the murder of the deceased. The injured has been taken to the hospital and a complaint has been registered.