RAMA @ APPI, S/O NAGAPPA, JAGADISHA @ JAGGA, S/O APPAIAH AND SUNIL KUMAR S/O NARAYANA SWAMY Vs. STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THE Petitioners have been arraigned as accused Nos. 1, 3 and 4 in CC. No. 376/11 on the file of Civil Judge and JMFC, Anekal. These Petitioners along with others 'are charge sheeted for the offences punishable under Sections 143, 341, 324 and 302 r/w 34 Indian Penal Code.

(2.) ONE Manjunath is the deceased in this case. According to the case of the prosecution, CW.1 -Gajendra appeared before Police Inspector, Hebbagodi Police Station in Anekal Taluk at about 10.00 p.m. on 3.1.2011 and presented a written report based on which the police registered the case in Grime No. 5/11 for the offences punishable under Sections 143, 341, 323, 307 r/w 149 Indian Penal Code. In the said written report, it had been alleged that on that day, at about 7.30 p.m. while he as pillion rider was proceeding in a motor cycle ridden by Manjunath of Ramasagar Village in Attibele Hobli, Anekal Taluk, near Chandrapura Shandi Road, one Madhu, Rajesh, Sriram (Petitioner No. 1 herein), Sunil (Petitioner No. 3), Ravi and Naveen along with others way laid said Manjunath and made him to stop the motor cycle and by 'stating that he is loving one Subhashini, a relative of Rajesh, Madhu stabbed Manjunath with a knife on the inter coastal space and thereafter he fell down from the motor cycle then all the assailants assaulted him with hands and kicked him and on seeking some vehicle coming on the way, all the assailants ran away from the place and thereafter he shifted the injured Manjunath to Chakra Hospital in Chandrapura and from there to Sparsha Hospital where he was admitted as inpatient for treatment. At about 00.15 hours on 4.1.2011, said injured succumbed to the injuries. On receipt of the death memo, offence under Section 302 Indian Penal Code was added. Thereafter inquest was held over the dead body. During investigation, the blood relatives of the deceased as well as other witnesses were examined and their statements were recorded. Thereafter the dead body was subjected to post mortem examination. The Doctor who conducted the post mortem examination noticed one stab injury and an incised wound on the front side of the chest and he was of the opinion that the death was due to shock and hemorrhage as a result of injury to internal organs. During investigation, it was revealed that CW.4 -Naveen and CW.5 -Muttu Keshava were two other eye -witnesses to the incident apart from the complainant. The statements of CWs. 4 and 5 said to have been recorded on 8.1.2011 revealed that the first Petitioner herein was the person who inflicted fatal blow on the deceased. Their statements said to have revealed that the person arraigned as accused No. 1 namely Madhu, accused No. 2 - Rajesh and Accused No. 6 - Naveen had not participated in the incident. Therefore, subsequently;, the further statement of the complainant also said to have been recorded and based on these information, accused No. 1 -Madhu, accused No. 2 -Rajesh and accused No. 6 -Naveen were deleted and Petitioner No. 1 who had been arraigned as accused No. 3 at that stage was arraigned as accused No. 1; Petitioner No. 3 who had been arraigned as accused No. 4 was arraigned as accused No. 2, while Petitioner No. 2 who had not been arraigned as accused earlier was arraigned as accused No. 3. Thereafter, the Petitioners were apprehended and at the instance of accused No. 1, a knife said to have been used in the commission of the offence came to be recovered. Thereafter when they were produced before the learned Magistrate, they were remanded to judicial custody. As their prayer for bail came to be rejected by the learned Sessions Judge, the Petitioners are before this Court seeking bail.

(3.) I have heard the learned Counsel appearing on both sides. Perused the records made available.