SURESH G.N @ SOORI Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by petitioner/accused No.5 under Section 439 of Cr.P.C., to release him on bail in Crime No.398/2018 of Konanakunte police station for the offences punishable under Sections 143 , 147 , 148 , 323 , 307 , 302 read with Section 149 of IPC and also under Section 25(1)(B)(b) of the Arms Act,1959 pending on the file of LVIII Additional City Civil and Sessions Judge, Bengaluru.

(2.) I have heard the learned counsel Sri. Lethif.B for Sri.Syed Akbar Pasha by virtual hearing for the petitioner/accused No.5 and the learned HCGP Sri.H.R.Showri for the respondent-State.

(3.) The brief factual matrix of the case are that, on 21.11.2018 when the complainant-Sree Ayyanar and his brother Muruga (deceased) and his friends Palani @ Muruga, Nimhans Raja and Manja were all consuming liquor at a shed next to his house, one of his friends Manja was talking over phone with somebody telling that the complainant and his brother and his friends are consuming liquor in the shed. After consuming liquor, at about 10.30p.m. in the night, the complainant, his brother Muruga (deceased) and Palani, to go to their house, started the vehicle. At that time, due to some previous ill-will and hatredness, BTS Manja, Abhi, Nanda and his associates came in autorikshaw and two wheelers holding deadly weapons like long and choppers, started chasing Muruga, the brother of the complainant and in front of Chaithra Bar, 7th Cross, Weavers Colony, B.G. Road, Bengaluru City, the accused persons, caught hold the deceased Muruga and as well as CW.1, and some of the accused persons, particularly Accused Nos.1, 2, 7 & 8 have assaulted the deceased Muruga severely with deadly weapons like longs and choppers on various parts of the body and caused his death. In that context, a complaint came to lodged before the respondent-Police and the same was registered in the above said crime number against the petitioner and others for the aforesaid offences.