SHANTAPPA KUDALAGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Farhatabad police have charge sheeted the petitioner in Crime No.146/2019 for the offences punishable under 143, 147, 148, 427, 120B, 109, 307 and 302 read with Sec. 149 of IPC Sec 3(1)(r), 3(2)(v) of the Scheduled Caste and the Scheduled Tribe (Prevention Of Atrocities) Act and Sec. 25 of the Arms Act on the basis of complaint of one Mahantappa.

(2.) It is alleged that due to political rivalry and previous ill-will, the petitioner along with other accused conspired to commit murder of Shivalingappa Bhavikatti, the brother of the complainant. In execution of such conspiracy, on 4/11/2019, between 8.30 p.m. to 9.30 p.m., when complainant and Shivalingappa were traveling in their car bearing No.KA-32-N-7443, accused Nos.2 to 6, 9 and 11 intercepted them in car No.KA-32-N-9213 and hit the victim's vehicle. It is further alleged that when the vehicle of the deceased fell on the road side, accused Nos.2 to 6 and 9 assaulted the deceased with deadly weapons and committed his murder.

(3.) As per the charge sheet records itself, the petitioner was not actual assailant. It is alleged that he engaged accused Nos.2 to 6, 9 and 11 to commit the murder and he was the master mind. Statement of CW.34 seems to be the only material in support of conspiracy theory.