KIRANKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner- accused No.1 under Section 439 of Cr.P.C. to enlarge the petitioner on bail in Crime No.124/2020 of Doddapete Police Station, (in S.C.No.87/2020 on the file of III Additional Sessions Judge Shivamogga), for the offence punishable under Section 302 R/w Section 34 of IPC.

(2.) I have heard the learned counsel Sri.P.P.Hegde, for petitioner-accused No.1 and 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 accused Nos.1 and 2 along with deceased Manohar Shetty participated in Shivamogga Mahanagara Palike. Deceased Manohar Shetty canvassed in favour of congress party. Accused Nos.1 to 4 made a propaganda in favour of BJP party and the BJP candidate was elected, subsequently the deceased after consuming alcohol used to scold accused Nos.1 and 2. About two months prior to the alleged incident under the smart city plan, some stones were laid to the culverts, accused Nos.1 and 2 and their friends have taken out the said slab stones meant for culverts and temple and used them for their houses instead of using it for the temple. The deceased obstructed the same by telling that they have to be used for the temple and in that light of animosity between accused Nos.1 and 2 and the deceased, they conspired with accused Nos.3 and