DIVAKARA BHANDARY S/O LATE ISHWARA BHANDARY AND SRI PONKAR POOJARY @ SHIVAPPA POOJARY, S/O LATE ANNU POOJARY Vs. STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) IN this petition filed under Section 439 Code of Criminal Procedure, the Petitioner Nos. 1 and 2 who have been arraigned as accused Nos. 2 and 6 respectively in C.C. No. 73/2011 on the file of the JMFC, Belthangady, registered for the offence punishable under Sections 302 read with Section 34 of Indian Penal Code, 1860, have sought for relief of bail, inter alia on the ground that they are innocent of the offence alleged and that they have not committed any acts as alleged either by the complainant or the witnesses and there are No. reasonable grounds to believe that they are guilty of the offence punishable under Section 302 Indian Penal Code, 1860, therefore, they are entitled to be enlarged on bail.

(2.) PETITION is opposed by the Respondent -State.

(3.) THE case of the prosecution in brief is that the deceased P.K. Paradi, r/o Naravi Village, in Belthangady Taluk, who had come to Bangalore on 14.12.2010 to attend a Court case, returned to his Village "in the early hours of 16.12.2010. At about 5.45 a.m. on 16.12.2010, he alighted from the bus which had stopped in front of his house. At that time his wife, Nalini on hearing the sound of bus stopping in front of the house, came out of the house to receive her husband. At that time, accused No. 1 Vasantha Poojary along with his associates accused Nos. 2 to 7 came there in a Cruiser Jeep and dashed against the deceased as a result, he fell down. Thereafter, accused Nos. 1 to 7 got down from the vehicle armed with iron rods, assaulted the deceased Paradi on the head with iron rods, stamped him by legs and on seeing the relatives of the deceased coming to the scene of occurrence, they ran away from the place. On seeing the incident Nalini, wife of the deceased came running raising hue and cry and thereafter she shifted her husband to the Government Hospital at Karkala in an Ambulance, where Doctor on examination declared him dead. Thereafter, the said Nalini lodged a report about the incident with the jurisdictional police at 11.15 a.m. on the same day based on which, the case in Crime No. 92/2010 came to be registered for the offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 and investigation was taken up. During investigation, the Investigation Officer held inquest over the dead body and subjected the dead body to Post Mortem examination. The Doctor who conducted PM examination, noticed as many as seven injuries over the head, He was of the opinion that the death was due to neurogenic shock as a result of head injury. During investigation, the further statement of the complainant and also two more eye witnesses viz., CWs.2 and 3 were recorded, which revealed the complicity of these Petitioners in the commission of the offence. Thereafter, the Petitioners were apprehended and subjected to judicial custody. As their prayer for bail made before the learned Sessions Judge came to be rejected they are before this Court seeking relief of bail.