SWAMY D. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this Criminal Petition under Section 439 of Cr.P.C., seeking for regular bail in Crime No.444/2018 of Maddur Police Station, Mandya District, registered for the offences punishable under Sections 143 , 146 , 148 , 341 , 307 , 302 , 120-B , 201 and 114 read with Section 149 of IPC.

(2.) Brief facts of the case of prosecution is that on 24/12/2018 there was double murder of one Mutturaj @ Koti and another Nandeesh and the said criminal case was registered in respondent police station against accused persons including the petitioner-accused No.2. It is alleged that, accused Nos.1 to 6 in the present case are responsible for the said death of Prakash. Since the deceased Prakash was pursuing the said case on behalf of prosecution against accused No.18 and initially accused No.18 was on bail and thereafter, this court cancelled bail granted to accused No.18. Therefore, the accused persons have conspired with each other to commit murder of the deceased Prakash, and accordingly accused Nos.1, 3 to 6 were met at the farm house of accused No.1 at Maddur. Accused were assembled at the house of petitioner and distributed knives and asked to find Prakash. On 24/12/2018 accused No.3 found the deceased near IB circle, Maddur and called accused Nos.1 and 6 through his mobile. Upon getting the information accused Nos.1, 2, 4, 5 and 6 proceeded to IB circle, Maddur. The deceased was proceeding in a car along with CWs.1 to 3 and 7. At around 4.20 p.m., when the deceased was stopped the car for repairing the seat, accused Nos.1 to 6 attacked deceased. Accused No.1 stabbed near neck of the deceased, accused No.3 stabbed the deceased on the back after pushing him to the car. Accused Nos.4 and 5 stabbed the deceased near his right shoulder. Due to the said injury, deceased Prakash died on the way to the Hospital. On the basis of said allegations, respondent police have registered a case against the petitioner and others for the alleged offences registered in crime No.444/2018.

(3.) The record reveals that, petitioner-accused No.2 was arrested on 27/12/2018 and he has filed an application under Section 439 of Cr.P.C., before the trial court and trial court rejected the application vide order dated 21.10.2019. Being aggrieved by the said order, petitioner filed this petition seeking for bail under Section 439 of Cr.P.C.