RAKESH ROHITAS YADAV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C. to enlarge the petitioners-accused Nos.2 and 4 on bail in Crime No.35/2018 of Vidyanagar Police Station. On completion of investigation, charge sheet has been filed against accused Nos.1 to 5 for offences punishable under Sections 143 , 147 , 148 , 302 , 120B , 201 read with Section 149 of IPC.

(2.) I have heard Sri. Ravi B.Naik, the learned senior counsel appearing for petitioners and the learned HCGP for respondent-State.

(3.) It is the case of prosecution that the deceased namely Dr. Babu Hundekar had invested a sum of Rs.50,00,000/- in the establishment of a Car Service Centre known as 'Rarajeshwari Service Center' wherein his brother-in-law/accused No.1 and his wife accused No.4 were partners. Since they incurred loss, deceased was insisting accused No.1 to return the amount invested in the business. Further, the said accused were also picking up quarrel with the deceased on the ground that he had an extra marital relationship with CW42. In this background, to take away the life of deceased, accused Nos.1 and 5 entered into a conspiracy with accused No.2 promising him to pay a sum of Rs.1,00,000/- and in turn they conspired with accused No.4. Thereafter accused Nos.2 and 4 on 12/3/2018 hatched a plan to commit the murder and purchased two gunny bags from a shop in Hubballi and secured a knife. On 12/3/2018 at about 12.00 noon, when the deceased returned to his house, accused No.1 assaulted the deceased on his legs and accused No.2 assaulted with a steel pipe on his head and face and stabbed on his chest with a knife. Accused No.4 stabbed him on his right chest with a knife and after committing his murder, they put the corpus in the gunny bag and took it in the car of the deceased. On the way they purchased petrol from one Sri Vajayalaxmi petrol bunk in Siraguppi and burnt the dead body by the side of the land of one Shivanand Doddamani.