MOHAN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by petitioner- accused No.1 under Section 439 of Cr.P.C., praying this Court to release him on bail in Crime No.245/2019 of Thalaghattapura Police Station (pending on the file of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru) registered for the offence punishable under Section 302 , 342 , 120(B) read with Section 34 of IPC.

(2.) I have heard the learned counsel Sri. R.V. Shivananda Reddy, for petitioner - accused No.1 virtually and the learned High Court Government Pleader Sri. R.D. Renukaradhya for respondent - State.

(3.) The gist of the case of the prosecution in brief is that petitioner-accused No.1 entered into criminal conspiracy with accused Nos.2 and 3 and also with juveniles in conflict with law to commit murder of Suhas gowda - deceased and in furtherance of such conspiracy on 13.08.2019 at about 4.00 p.m, the accused persons and the juveniles in conflict with law, secured the deceased to house No.491 and made him to consume alcohol, when the deceased was under intoxication, accused Nos. 2 and 3 assaulted him with clubs on his thighs, limbs and other parts of the body and juveniles in conflict with law has assaulted him by hands and kicked and trampled him and accused No.2 brought a coconut which was kept as a Kalasha in front of photo of God and hit with coconut on right side of his face, near eye and head about 5 to 6 times. On hearing the sound of galata, when C.W.4 came and knocked the door, the accused persons and the juveniles in conflict with law opened the door and fled away from the scene.