RAMESH S/O MANGE GOWDA; MANGE GOWDA S/O LATE CHIKKIHUCHNA HUCHE GOWDA AND ORS Vs. STATE BY KOPPA POLICE STATION; STATE BY KOPPA POLICE STATION, BY SPP HIGH COURT COMPLEX

JUDGEMENT

(1.) These two petitions arise out. of the same Cr. No. 138/2010 of Koppa police station and the offences alleged are punishable under Sections 143, 147, 148, 341, 324, 307 r/w 149 of the IPC.

(2.) The case of the prosecution in short is that, the complaint was lodged by one Shobha, wife of deceased Paramesha on 14.8.10 stating that, at about 7 00 a.m., when her husband was coming on motorcycle near the dairy of their village, accused persons forming into an unlawful assembly, surrounded him and when she rushed to save her husband, she was pushed aside and A-3 Shankara chopped the left hand of the complainant's husband Paramesha and the accused also assaulted her brother-in-law Chandra and caused him injuries.

(3.) Referring to the aforesaid complaint, learned Counsel Sri. Shankarappa for the Petitioner in Crl.P. No. 447/2011 argued that, the only overt act alleged against the Petitioners are that they were said to be members of the unlawful assembly and A-1 is said to have instigated the other accused persons, but however, it is A-3 who assaulted the deceased and therefore, the Petitioners be released on bail. Moreover, the incident is said to have occurred on 14.8.10 and death of Paramesha occurred on 18.8.10. Even the cause of death does not indicate that the death was due to fatal injuries sustained on the left hand. Under these circumstances, the Petitioner be released on bail.