VINOD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C. by accused No.3.

(2.) I have heard the learned Counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that, there was a long standing enmity between the family members of accused No.1 and the complainant and there were frequent quarrels between them. In the month of September 2019, the deceased Chalapathy and his family members had kept Ganesha Idol at Samudaya Bhavan in Ambedkar Nagar. On 02.09.2019, the deceased and others had brought a tempo to take the Ganesha Idol for immersion and in this connection also there was a quarrel. In this background, at the instigation of accused No.7, on 12.09.2019, accused Nos.1 to 6 entered into a criminal conspiracy to eliminate the deceased and in furtherance of their conspiracy, accused Nos.1 to 6 traveled in a Swift D-zire car bearing registration No.KA-53- D8259. Thereafter, they stayed in Room No.203 at Royal Stay Hotel. On 13.09.2019, at about 10.30 a.m., after coming to know that the deceased is in his Gayithri Engineering Work Shop, accused barged into the said work shop and accused Nos.1 to 3 assaulted the deceased with longs on his head and other parts of the body and they threatened CW-3 Ismail Jabiulla with dire consequences. Thereafter, accused Nos.1 to 4 and 6 went away in the car carrying the weapons and accused No.5 fled away in a scooter.