MALLANNA SHIVARUDRAPPA TELI, S/O. SHIVARUDRAPPA TELI AND OTHERS Vs. THE STATE OF KARNATAKA BY ATTIBELE POLICE STATION, ANEKAL TALUK

JUDGEMENT

(1.) IN this petition filed under Section 439 of Code of Criminal Procedure, the Petitioners who have been arraigned as Accused Nos. 3 to 3, 5 and 6 in C.C. No. 638/2011 on the file of the Additional Civil Judge (Jr. Dn.) and JMFC, Anekal, have sought for an order to enlarge them on bail. These Petitioners along with others are chargesheeted for the offences punishable under Sections 341, 363, 302, 201, 120(B) R/w. 34 of Indian Penal Code.

(2.) ACCUSED No. 1. is the son of Accused No. 5, Accused No. 2 is the son of Accused No. 6. Accused Nos. 5 and 6 are brothers.

(3.) INITIALLY the younger brother of the deceased lodged a report about the missing of his brother, based on which, case in Crime No. 67/11 was registered by Attibele police. On noticing half burnt dead body lying in the drainage, one Mukkanna, President of Methagalseema Gram Panchayat in Koppal District, lodged a report to Rural Police Station Koppal and on the basis of the same, case in Crime No. 38/11 came to be registered against unknown persons for the offence punishable under Sections 302 and 201 of Indian Penal Code and the half burnt dead body was subjected to post mortem examination. Thereafter, on the point of jurisdiction the case was transferred to Attibele Police Station, who on completion of investigation laid the charge sheet. During investigation, the Petitioners herein were apprehended and subjected to judicial custody. As their prayer for grant of bail came to be rejected by the learned Sessions Judge, they are before this Court seeking the relief of bail.