VINAY @ VINI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are accused Nos.5 and 6 are seeking to be enlarged on bail in relation to their detention in Crime No.196/2019 (S.C.No.315/2019) alleged with respect to the offences punishable under Sections 143 , 147 , 148 , 302 , 149 and 120-B of IPC.

(2.) It is the case of the Prosecution that the accused persons on account of enemity against the deceased had entered into a criminal conspiracy and committed the murder. It is alleged that on 23.07.2019 between 7.00 p.m. and 7.30 p.m. when the deceased was sitting in front of Sriranga Real Estate shop and talking to CW2, the accused persons went to the spot and it is alleged that accused No.2 threw chilli powder on the face of deceased and accused No.8 who had bought weapons handed over it to accused Nos.1 to 3 and accused Nos.4 to 6 came to the spot alongwith the longs. It is further submitted that allegedly accused No.1 is stated to have assaulted the deceased on his head with long and when the deceased fell on the ground, accused No.2 assaulted on the head of deceased and accused Nos.3 to 6 have chopped the head, hands and legs of the deceased by using the said longs. It is further submitted that accused persons after committing the offence had fled and on the basis of the complaint, the case was registered.

(3.) Learned counsel for the petitioners submits that there was no identity of accused Nos.5 and 6 in the complaint that is lodged and there was no reference to the names of petitioners in the statement of witnesses recorded on 23.07.2019. It is submitted that it is only in the statement recorded on 28.07.2019 that the names of petitioners find a mention. It is stated that it is a case of improvement in the case of Prosecution, as in the first instance the petitioners have not been identified.