YASHWANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner- accused No.4 under Section 439 of Cr.P.C., to release him on bail in Crime No.71/2020 registered by Byatarayanapura Police Station, Bengaluru (pending on the file of XXXI ACMM Bengaluru) for the offences punishable under Sections 143 , 147 , 148 , 302 , 120B read with Section 120 of IPC.

(2.) I have heard the learned counsel Sri Shivanna K.H for petitioner-accused No.4 and the learned High Court Government Pleader Sri Mahesh Shetty for the respondent-State.

(3.) The genesis of the case of the prosecution in brief is that the accused persons and the deceased/ Ashoka were friends. The deceased/Ashoka and the accused persons used to come from Thyagarajnagar to Maruthinagar to consume alcohol. At that time, the deceased used to insist the accused persons to give money and also used to tell them not to mingle with anyone, if they mingle, he will slit their hands and legs and he also used to tell them to send their sisters for enjoyment. It is further alleged that on 05.05.2020 at about 6.30 p.m., the accused persons constituted a conspiracy and as the deceased/Ashoka was ill-treating and harassing them, to done away with his life they constituted an assembly. On 07.05.2020 at about 11.00 p.m., when the deceased was talking with CW.2 by sitting near his house, the accused persons came in motor cycles and threatened CW.2 to leave the place. With an intention to done away with the life of the deceased by stating that that he troubles by demanding money and also asks their sisters for enjoyment and they will not leave him today, the accused persons started assaulting the deceased. When the deceased was trying to run away, accused No.2 assaulted the deceased with choori, accused No.3 assaulted with knife and accused Nos.4 and 5 assaulted with draggers, accused No.6 assaulted with long and accused No.7 assaulted with razor and they caused injuries on various parts of his body. With an intention to save himself, he made hue and cry and when he tried to run in front of CW.1's house, accused persons assaulted the deceased with deadly weapons and at that time accused Nos.1 and 8 pulled him down and threw a stone on his head. When the deceased was still breathing, accused No.2 assaulted him on his neck with choori and all the accused persons assaulted the deceased.