RAJARAMEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is accused no.1 in S.C.No.13/2018 on the file of II Addl. District & Sessions Judge, Chickmagalur. The petitioner and other accused are facing trial for the offences punishable under Section 144 , 148 , 504 , 506 , 396 , 307 , 302 r/w Section 149 of IPC.

(2.) Heard the petitioner's counsel and the High Court Government Pleader. The wife of the deceased is the first informant. Her complaint shows that on 17.10.17 she and her deceased husband had been to their estate and while returning to their house, the jeep of the petitioner was found parked in the middle of the road. The deceased stopped his vehicle and at that time the petitioner and his wife and some others attacked the deceased and assaulted him resulting in his death.

(3.) From the first information report itself, it is forthcoming that there was a civil dispute between the petitioner and the deceased. Though the first informant was the eye witness to the entire incident, the charge sheet discloses that very unnaturally the first informant started video graphing when her husband was being assaulted, instead of rescuing him. This unnatural conduct of the first informant is a matter which cannot be simply ignored at this stage. Moreover the wife of the petitioner has been admitted to bail, her petition i.e., Crl.P.No.6009/2018 was allowed by this court on 13.12.2018. Since the allegations are that all the accused attacked the deceased at a time, parity may be applied for admitting the petitioner to bail. With these observations, the following: